11 Pa.C.S. § 14353 — PA Code / Title 11 / Chapter 143 / Section 14353
Beneficiaries of fund not to be employed by city.
Status: in_force

No individual who becomes a beneficiary shall be employed by the city in any capacity. Subject to the provisions of section 14361 (relating to right to a pension if salary refused), nothing in this section shall be construed to prohibit an individual who becomes a beneficiary from serving in an elective city office.
11 Pa.C.S. § 11001 — PA Code / Title 11 / Chapter 110 / Section 11001
Qualifications of council members.
Status: in_force

(a) Requirements.--A council member shall:

(1) Be at least 18 years of age.

(2) Be elected by the electors at large, subject to the creation of wards pursuant to Chapter 104 (relating to creation and division of wards).

(b) Residency.--

(1) A council member shall reside in the city from which elected and shall have resided in the city continuously for at least one year before election.

(2) Prior to being sworn into office and as a condition to qualifying for office, each elected council member shall present a signed affidavit to the city clerk that either:

(i) states the individual resides in the city and has resided in the city continuously for at least one year preceding the individual's election; or

(ii) in the case of election to a ward office, states the individual resides in the ward from which elected and has resided in the ward continuously for at least one year preceding the individual's election.

(c) Incompatible offices.--The following individuals may not serve as a council member while continuing to hold the incompatible office or employment, except as provided in this chapter:

(1) An officer of the United States or of the Commonwealth, except notaries public or officers of the militia.

(2) A county officer.

(3) An officer of a school district located in the city.

(4) An officer or employee of the city or of a department of the city.
11 Pa.C.S. § 10605 — PA Code / Title 11 / Chapter 106 / Section 10605
Pay and expenses of commissioners (Repealed).
Status: repealed

2022 Repeal. Section 10605 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
11 Pa.C.S. § 12405 — PA Code / Title 11 / Chapter 124 / Section 12405
Hiring of employees and salaries.
Status: in_force

Council may provide for and regulate the manner of hiring and discharging employees and the fixing of their salaries or compensation, consistent with applicable Federal and State law.
11 Pa.C.S. § 11803 — PA Code / Title 11 / Chapter 118 / Section 11803
Deputy chief fiscal officer.
Status: in_force

(a) Appointment.--Council may authorize the chief fiscal officer to appoint, subject to the approval of council, a deputy chief fiscal officer whose compensation shall be fixed by council.

(b) Bond.--The deputy chief fiscal officer shall furnish a bond in accordance with section 10907 (relating to surety bonds, insurance and premiums).

(c) Powers.--

(1) The deputy chief fiscal officer may administer oaths and affirmations pertaining to the authentication of an account with the city or a claim by or demand against the city.

(2) The deputy chief fiscal officer may not receive any additional compensation for the administration or oath and affirmations under paragraph (1).

(d) Temporary deputy chief fiscal officer.--If no deputy chief fiscal officer has been appointed, council may appoint a temporary deputy chief fiscal officer to serve during the chief fiscal officer's illness, absence or inability to serve. The temporary deputy chief fiscal officer may be required to furnish a bond as required by council.
11 Pa.C.S. § 11912 — PA Code / Title 11 / Chapter 119 / Section 11912
Architects and engineers in employ of city, prohibitions from bidding on public works and penalty.
Status: in_force

(a) Bidding.--It shall be unlawful for any architect or engineer in the employ of any city to bid on any public work of the city.

(b) Award.--It shall be unlawful for the officers of any city, charged with the duty of letting any public work, to award a contract to any architect or engineer in the employ of the city.

(c) Violation.--Any person violating these provisions commits a misdemeanor and shall, upon conviction, be subject to forfeiting office, in accordance with section 10901 (relating to appointment, removal and prohibition), and sentenced to pay a fine of not more than $500, or to imprisonment for not less than six months, or both. Any contract made in violation of the provisions of this section shall be null and void.

(d) Construction.--The provisions of this section shall be in addition to any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).
11 Pa.C.S. § 14361 — PA Code / Title 11 / Chapter 143 / Section 14361
Right to a pension if salary refused.
Status: in_force

In a city governed by the provisions of this part, the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, or 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government), a beneficiary serving in an elective city office shall not be prohibited from receiving a pension for any month in which the beneficiary does not accept a salary from serving in the elective office. Cross References. Section 14361 is referred to in section 14353 of this title.
11 Pa.C.S. § 11403 — PA Code / Title 11 / Chapter 114 / Section 11403
Receipt and payment of money.
Status: in_force

(a) Payments.--The city treasurer shall receive all money payable to the city from the sources as council may assign. Upon request, the city treasurer shall issue a receipt to an individual making the payment. The city treasurer shall pay all documents authorizing payment duly countersigned.

(b) Duplicates.--All receipts for money received on behalf of the city by the city treasurer shall be numbered serially and made in duplicate. Not later than the next succeeding business day, the city treasurer shall transmit the duplicates to the city controller.
11 Pa.C.S. § 11030 — PA Code / Title 11 / Chapter 110 / Section 11030
Initiation of proposed ordinances by petition and exceptions.
Status: in_force

(a) Submission.--Except as provided in subsection (b), a proposed ordinance may be submitted to council by a petition signed by the electors of a city in accordance with this subchapter.

(b) Exclusions.--The following proposed ordinances may not be submitted by petition to council in accordance with this subchapter:

(1) Proposed ordinances dealing with the subjects set forth in section 11050(b) (relating to time ordinances go into effect).

(2) Proposed ordinances to repeal, amend or modify an ordinance which took effect after having been subject to the provisions of the referendum for reconsideration of the ordinance.
11 Pa.C.S. § 11909 — PA Code / Title 11 / Chapter 119 / Section 11909
Separate bids for plumbing, heating, ventilating and electrical work, elevators and escalators.
Status: in_force

The following shall apply:

(1) In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of the work shall exceed the base amount of $18,500, subject to adjustment under section 11903.1 (relating to adjustments to base amount based on Consumer Price Index for All Urban Consumers), the architect, engineer or other person preparing the specifications shall prepare only the following separate specifications:

(i) Plumbing.

(ii) Heating.

(iii) Ventilating.

(iv) Electrical work.

(v) Elevators and escalators.

(vi) One complete set of specifications for all the other work to be done in the erection, construction and alteration.

(2) The project manager, construction manager or other person authorized by council to enter into contracts for the erection, construction or alteration of the public buildings shall receive separate bids upon each of the branches of work and council or the appropriate city officer shall award the contract to the lowest responsible bidder for each of the branches, including the balance of the work, in addition to the plumbing, heating, ventilating and electrical work and elevators and escalators. Where it is desired to install an air conditioning unit, the heating and ventilating may be regarded as one branch of work having only one set of specifications, and bids may be received and a contract awarded on that set as provided under this chapter. Cross References. Section 11909 is referred to in section 11903.1 of this title.
11 Pa.C.S. § 14405.1 — PA Code / Title 11 / Chapter 144 / Section 14405.1
Veterans' preference.
Status: in_force

In accordance with 51 Pa.C.S. Ch. 71 (relating to veterans' preference), the following shall apply to the appointment of a uniformed civil service position:

(1) A veteran who meets the qualifications for and conditions of the position under uniform eligibility rules, which include successful passage of an examination, shall receive an additional 10 points on the examination pursuant to 51 Pa.C.S. § 7103(a) (relating to additional points in grading civil service examinations).

(2) If, after the additional 10 points are granted, a veteran is on the list of three eligible applicants, the veteran shall receive a preference in hiring over nonveterans on that list.

(3) The preference provided by this section shall constitute the only preference with regard to a uniformed civil service position to which a veteran is entitled under this chapter.
11 Pa.C.S. § 4 — PA Code / Title 11 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

Except as otherwise provided in 11 Pa.C.S. Ch. 2, all activities initiated under the act of June 25, 1895 (P.L.275, No.188), referred to as the City Classification Law, shall continue and remain in full force and effect and may be completed under 11 Pa.C.S. Ch. 2. Orders, regulations, rules and decisions which were made under the City Classification Law and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under 11 Pa.C.S. Ch. 2. Contracts, obligations and collective bargaining agreements entered into under the City Classification Law are not affected nor impaired by the repeal of the City Classification Law.
11 Pa.C.S. § 12543 — PA Code / Title 11 / Chapter 125 / Section 12543
Certification of schedules to city treasurer.
Status: in_force

At the request of the city treasurer, any person acting on behalf of the city who possesses a schedule of unpaid city taxes shall certify the schedule to the city treasurer along with the description of property against which the unpaid taxes were assessed.
11 Pa.C.S. § 12901 — PA Code / Title 11 / Chapter 129 / Section 12901
Map of streets.
Status: in_force

(a) General rule.--Council may authorize and approve a comprehensive map of city streets, which may be part of an official map adopted in accordance with the Municipalities Planning Code.

(b) Amendment to comprehensive map.--If council adopts a comprehensive map of city streets, any street subsequently laid out in accordance with this chapter shall be deemed an amendment to the comprehensive map.
11 Pa.C.S. § 11804.1 — PA Code / Title 11 / Chapter 118 / Section 11804.1
Investment of city money.
Status: in_force

(a) General rule.--Council shall have power to provide the following:

(1) The investment of city sinking funds as authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(2) The investment of money in the general fund and in special funds of the city, other than the sinking funds as authorized by this chapter.

(3) The liquidation of any investment, in whole or in part, by disposing of securities or withdrawing money on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of council.

(b) Investment.--Council shall invest city money consistent with sound business practices.

(c) Restrictions.--Council shall provide for an investment program subject to restrictions contained in this chapter and in any other applicable statute and any rules and regulations adopted by council.

(d) Authorized investments.--Authorized types of investments of city money shall be any of the following:

(1) United States Treasury bills.

(2) Short-term obligations of the United States Government or its agencies or instrumentalities.

(3) Deposits in savings accounts, time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured and, for any amounts above the insured maximum, provided that approved collateral as prescribed by law shall be pledged by the depository.

(4) Obligations of:

(i) The United States Government or any of its agencies or instrumentalities backed by the full faith and credit of the United States.

(ii) The Commonwealth or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth.

(iii) Any political subdivision of the Commonwealth or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5) Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that the only investments of the company are in the authorized investments of city money under paragraphs

(1), (2), (3) and (4).

(6) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured. However, for any amounts above the insured maximum, the certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and the collateral may include loans, including interest in pools of loans, secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to 20% of an institution's assets minus liabilities.

(7) For any pension or retirement fund, any investment authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities investments).

(8) Repurchase agreements which are fully collateralized by obligations of the United States Government or its agencies or instrumentalities, which are free from other liens and backed by the full faith and credit of the United States or are rated in the highest category by a nationally recognized statistical rating organization.

(9) Deposits in investment pools established by the State Treasurer or established by local governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) and related statutes, provided that the investment pools are rated in the highest category by a nationally recognized statistical rating organization.

(e) Authority.--In making investments of city money, council shall have authority to do any of the following:

(1) Permit assets pledged as collateral under subsection

(d)(3) to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets."

(2) Combine money from more than one fund under city control for the purchase of a single investment, provided that each of the funds shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded and credited to the accounts from which the investment was purchased.

(3) Join with one or more other political subdivisions and municipal authorities in accordance with 53 Pa.C.S. Ch. 23 Subch. A in the purchase of a single investment, provided that the requirements of paragraph (2) are adhered to.
11 Pa.C.S. § 12803 — PA Code / Title 11 / Chapter 128 / Section 12803
Title acquired.
Status: in_force

Except as otherwise provided by law, if land or other real or personal property is acquired by a city in eminent domain proceedings or is acquired by gift, purchase or otherwise, the title obtained by the city shall be in fee simple absolute or like absolute ownership unless the parties agree otherwise in writing and the agreement expressly appears in a recorded deed affecting any real property acquired by the city or in the notice of condemnation.
11 Pa.C.S. § 12652 — PA Code / Title 11 / Chapter 126 / Section 12652
Insurance business.
Status: in_force

A city may not levy or collect a license fee upon an insurance company or its agents or an insurance broker authorized to transact business under the laws of this Commonwealth.
11 Pa.C.S. § 14347 — PA Code / Title 11 / Chapter 143 / Section 14347
Receipt, investment and payment of funds.
Status: in_force

When deemed advisable, it shall be the duty of the board to receive, retain and invest the funds payable in accordance with the provisions of this subchapter and pay over, by warrant or check, the amount due to employees.
11 Pa.C.S. § 11808 — PA Code / Title 11 / Chapter 118 / Section 11808
Suggestions for improvement of city finances.
Status: in_force

The chief fiscal officer may, and when council directs shall, suggest plans to council for the management and improvement of the city finances.
11 Pa.C.S. § 13703.1 — PA Code / Title 11 / Chapter 137 / Section 13703.1
Powers of council and delegation.
Status: in_force

(a) Council.--Council may equip, operate, supervise and maintain a recreation place and employ a recreation director or other officer or employee deemed necessary in order to carry out the provisions of this chapter.

(b) Supervision and maintenance.--When more than one-half the full cost of the supervision and maintenance of the recreation place, including the compensation of an officer or employee hired to carry out the provisions of this chapter, are

borne by the city, council may fix the compensation of the officer or employee.

(c) Delegation.--Council may delegate all or part of its power under subsection (a) to an existing body or board or to a recreation board, as council shall determine. Cross References. Section 13703.1 is referred to in sections 13705, 13709.1 of this title.
11 Pa.C.S. § 14409 — PA Code / Title 11 / Chapter 144 / Section 14409
Secretary and compensation.
Status: in_force

The civil service board shall appoint a secretary and prescribe the secretary's duties and shall have the power to change these duties. The secretary shall be subject to removal, at any time, by the board. Council shall establish the compensation to be paid to the secretary and all necessary supplies for the use of the board shall be supplied by the city.
11 Pa.C.S. § 11208 — PA Code / Title 11 / Chapter 112 / Section 11208
Salary.
Status: in_force

(a) Payment.--

(1) The mayor shall receive for the mayor's services during the term of service an annual salary to be fixed by ordinance, payable in equal installments as council shall provide.

(2) Council shall, by ordinance, fix the amount of salary to be paid to the mayor for the mayor's services and may provide for the assessment and retention from the salary of reasonable fines for absence from regular or special meetings of council or committees of council.

(3) The amount of the mayor's salary shall be at least $2,500 annually.

(b) Amounts.--Until changed by ordinance, the salary of mayors in newly created cities shall be as follows:

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

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

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

(4) In cities with a population of more than 15,000, a maximum of $500 per every thousand residents per year as determined by the most recent census data provided by the United States Census Bureau.

(c) Administration.--

(1) The salary to be received by a mayor in a city other than a newly created city shall be fixed by ordinance of council enacted not less than two days before the last day fixed by law for candidates to withdraw their names from nominating petitions.

(2) The compensation to be received by the mayor shall not be increased or diminished after the mayor's election unless the increase or decrease was included in an ordinance enacted not less than two days before the last day fixed by law for candidates to withdraw their names from nominating petitions.

(d) Marriage ceremonies.--

(1) Subject to paragraph (2) and notwithstanding any other provisions of law, a mayor may receive a honorarium, fee or reimbursement of expenses related to the performance of a marriage ceremony in this Commonwealth if the mayor first notifies council in writing of the mayor's intention to perform a marriage ceremony. Notice under this paragraph shall remain in effect for the term of the mayor or until the notification is rescinded by the mayor.

(2) The honorarium, fee or reimbursement under paragraph

(1) shall not exceed $150 for each ceremony performed. The mayor shall keep accurate accounts of the fees received relating to the performance of marriage ceremonies and submit a quarterly report of money received for that period to council. The quarterly report shall include the amount of money received, the names of individuals from whom money was received and the date and location of the performed ceremony. The quarterly report shall be a public record in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(3) The receipt of a honorarium, fee or reimbursement under this subsection shall not be a violation of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial

disclosure) and shall not be part of a salary received in accordance with this section. Cross References. Section 11208 is referred to in section 11209 of this title.
11 Pa.C.S. § 14343.2 — PA Code / Title 11 / Chapter 143 / Section 14343.2
Limited vested benefit.
Status: in_force

(a) Ordinance.--In accordance with this subchapter, an ordinance creating a fund may provide for a limited vested benefit if it would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

(a.1) Vesting.--Under a limited vested benefit, if a member of the fund terminates employment before reaching the date which would have been the member's earliest retirement date had the member continued employment by meeting the minimum age and minimum period of continuous service requirements but after having completed 12 years of full-time service, the member shall be entitled to vest the member's retirement benefits subject to the following conditions:

(1) The member must file with the management board of the fund a written notice of the member's intention to vest.

(2) The member must include in the notice the date the member intends to terminate the member's service as an employee.

(3) The termination date shall be at least 30 days later than the date of notice to vest.

(4) The member must be in good standing with the city on the date of notice to vest.

(5) The board shall indicate on the notice to vest the rate of monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding the date, whichever is higher.

(b) Collection.--Upon reaching the date which would have been the member's earliest retirement date had the member continued the member's employment with the city, the member shall notify the board, in writing, that the member desires to collect the member's pension. The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:

(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.

(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service actually rendered bears to the years of service which would have been rendered had the member continued to be employed by the city until the member's earliest retirement date.
11 Pa.C.S. § 10208 — PA Code / Title 11 / Chapter 102 / Section 10208
Property of entities vested in city.
Status: in_force

The property and estates of the municipal corporations which have become a city in accordance with this chapter are severally and respectively vested in the corporation or body politic of the city for the use and benefit of the citizens of the city.
11 Pa.C.S. § 12209 — PA Code / Title 11 / Chapter 122 / Section 12209
Enactment of ordinances.
Status: in_force

Council may enact ordinances necessary for the enforcement of the provisions of this chapter and provide penalties for the violation.
11 Pa.C.S. § 13002 — PA Code / Title 11 / Chapter 130 / Section 13002
Construction by cities upon failure of owner and collection of cost.
Status: in_force

(a) General rule.--Upon failure of any owner of property abutting any street to construct, pave, curb, repave, recurb or maintain any sidewalk, in accordance with the notice required in subsection (f), the city, itself or by contract, may complete the construction, paving, curbing, repaving, recurbing or maintenance.

(b) Recoupment of costs.--A city may collect the following from an owner who has failed to complete the construction, paving, curbing, repaving, recurbing or maintenance of the sidewalk pursuant to notice to do so:

(1) Costs incurred by the city pursuant to subsection

(a).

(2) A penalty of 10% of the costs.

(3) All charges and expenses.

(c) Liens upon the property.--The costs, penalties, charges and expenses provided for in subsection (b) shall be a lien upon the property for which the notice to construct, pave, curb, repave, recurb or maintain the sidewalk was given.

(d) Duration of the lien.--The lien shall exist from the time of the completion of the work, which shall be certified in accordance with section 11504 (relating to certifying commencement and completion of municipal improvements).

(e) Filing of the lien.--The lien may be filed and proceeded in as provided by law in the case of municipal liens or may be collected from the owner by action in assumpsit. Alternatively, the cost may be borne by the city, in whole or in part, and, if in part, the rest to be collected as provided by this section.

(f) Service of notice.--Notice of the lien shall be served upon one of the following:

(1) The owner of property to construct, pave, curb, repave, recurb or maintain a sidewalk, if that can be done within the county.

(2) If service cannot be made under paragraph (1), then notice may be served upon the owner's agent or the party in possession.

(3) If service cannot be made under paragraph (1) or

(2), notice may be served by posting conspicuously upon the premises.

(g) Failure to comply.--Council may, by ordinance, provide that an owner shall be deemed to have failed to comply if the work is not completed within a specified period, which may be more but shall not be less than 45 days after the service or posting.
11 Pa.C.S. § 12904 — PA Code / Title 11 / Chapter 129 / Section 12904
Improvements within laid-out streets.
Status: in_force

(a) General rule.--No permit shall be issued for any building within the lines of any street laid out pursuant to this chapter.

(b) Damages.--No person shall recover damages for the taking for public use of any building or improvements constructed within the lines of any street after the street has been included in the general plan or official map, and any building or improvement shall be removed at the expense of the owner.
11 Pa.C.S. § 12307 — PA Code / Title 11 / Chapter 123 / Section 12307
Duties of board of health.
Status: in_force

(a) General rule.--The board of health shall prevent or diminish the introduction or further spread of infectious or contagious diseases and otherwise to protect and increase the public health by:

(1) regulating access to places of infection or contagion;

(2) isolating carriers of infection or contagion or individuals who have been exposed to any infectious or contagious disease;

(3) abating or removing all nuisances which the board deems prejudicial to the public health; and

(4) enforcing vaccination laws.

(5) promulgating regulations, as it deems proper, for the preservation or improvement of public health, consistent with this chapter and the laws of this Commonwealth.

(b) Enforcement.--In carrying out its duties under this chapter, the board of health shall, if authorized, enforce the laws of this Commonwealth that are relevant to and relate to its duties.

(c) Transmittal of information.--The board of health shall transmit to the Department of Health all of its reports and publications and other information regarding public health in the city as may be requested or required by the department.
11 Pa.C.S. § 127A12 — PA Code / Title 11 / Chapter 1 / Section 127A12
Administrative fee and civil penalties.
Status: in_force

Whenever a public nuisance is abated by the city, the statement of the costs of the public nuisance shall include the city's actual cost of abatement, plus an administrative fee, not to exceed 10%, and a civil penalty. For the first abatement of a public nuisance upon any owner's property within the city in any two-year period, the civil penalty shall be $250. For second and subsequent abatements upon any properties of any owner within the city during any two-year period, the civil penalty shall be $500. The increased civil penalty shall be imposed and collected regardless of whether the second and subsequent public nuisances upon property or properties of an owner involve the same property or the public nuisances are of the same or different character.
11 Pa.C.S. § 14346 — PA Code / Title 11 / Chapter 143 / Section 14346
Heads of departments to certify list of employees.
Status: in_force

The head of every department and office employing individuals entitled to receive a pension shall certify to the board all employees so employed and the amount of salary or wages which is paid to employees, together with dismissals, resignations or terminations of service, and, from office or department records, furnish other relevant information as the board requires. In the case of a volunteer fire company, "head of department or office" shall mean the president or secretary of the board of trustees of the volunteer fire company.
11 Pa.C.S. § 12010 — PA Code / Title 11 / Chapter 120 / Section 12010
School crossing guards.
Status: in_force

(a) Request.--Upon request of the board of school directors of the school district in which a city is located, council may appoint school crossing guards who shall control and direct traffic at or near schools. They shall serve at the pleasure of council, except as provided for in subsection (b). The compensation of the school crossing guards, if any, shall be fixed by council and shall be jointly paid by council and the board of school directors, in a ratio to be determined by council and the board of school directors. If council and the board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by council and the board, each shall pay one-half of the compensation of the school crossing guards.

(b) Ordinance.--

(1) Council may enact an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards. Before council may enact the ordinance, the board of directors of the school district shall adopt a resolution requesting the authority to assume the hiring and oversight of the school crossing guards. The ordinance enacted by council shall outline how the city police department will provide any necessary training and assistance to the school crossing guards while on duty.

(2) School crossing guards shall not fall under the bargaining unit of the school district or be classified as an employee or under any benefits as provided under the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. For the purposes of this paragraph, the term employee shall have the same meaning given to the term "employe" under section 1101-A of the Public School Code of 1949.

(3) After the ordinance is enacted by council, the school district shall assume the cost of compensation, including fixing the compensation, if any, of the school crossing guards. The board of school directors shall notify council, the mayor and the police chief or commissioner of those hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

(c) Duties.--Whether council appoints school crossing guards upon the request of the board of school directors or whether council enacts an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards, the following shall apply to school crossing guards:

(1) Their duties and authority shall be restricted to the management of traffic and pedestrians in and around areas identified by the city police force and the school district superintendent or a designee.

(2) They shall be in suitable and distinctive uniforms while performing their duties as school crossing guards.

(3) They shall not be subject to the civil service provisions of this chapter.

(4) They shall not be entitled to participate in any city or school district pension or benefit plan or plans.

(5) Auxiliary police officers lawfully appointed may be designated by council or hired by the school district, as applicable, to serve as school crossing guards.
11 Pa.C.S. § 11060 — PA Code / Title 11 / Chapter 110 / Section 11060
Certification to county board of elections, ballots or ballot labels and expense of elections.
Status: in_force

(a) Certification.--The city clerk, after consultation with the city solicitor, shall certify to the county board of elections a copy of the ordinance and the proceedings of council directing the referendum vote. The county board of elections shall cause the question to be printed for use in the election districts of the city.

(b) Preparation.--The preparation of ballots or ballot labels for and the holding of a referendum shall be conducted in the manner as provided in the Pennsylvania Election Code.

(c) Number.--Any number of ordinances may be referred and voted on at the same election.
11 Pa.C.S. § 12402.1 — PA Code / Title 11 / Chapter 124 / Section 12402.1
City property and affairs.
Status: in_force

(a) General rule.--In exercising its discretion to make decisions that further the public interest under terms it deems most beneficial to the city, council may, subject to any restrictions, limitations or exceptions stated in this chapter:

(1) Purchase, hold, use and manage real and personal property.

(2) Exchange personal property.

(3) Lease, sell and convey real and personal property owned by the city.

(4) Make contracts and do all other acts respecting city property and affairs as council may deem conducive to the public interest and necessary to the exercise of the city's corporate and administrative powers.

(b) Sales of real estate.--

(1) No real estate owned by the city may be sold except upon approval of council by resolution, and no real estate owned by the city may be sold for a consideration in excess of $6,000, except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction in one newspaper of general circulation in the city.

(2) The advertisement shall be published once not less than 10 days prior to the date fixed for the opening of bids or public auction, and the date for opening bids or public auction shall be announced in the advertisement.

(3) The award of contracts shall be made only by public announcement at a regular or special meeting of council or at the public auction.

(4) All bids shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of bids.

(5) Council may reject all bids which it deems to be less than the fair market value of the real property.

(6) In the case of a public auction, council may establish a minimum bid based on the fair market value of the real property.

(7) If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(8) Real estate owned by a city may be sold at a consideration of $6,000 or less without advertisement or competitive bidding only after council estimates the value

of the real estate upon receipt of an appraisal by a qualified real estate appraiser. Prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, council shall make a public announcement of the council's intention to sell the real estate at a regular or special meeting of council at least 30 days prior to the sale.

(9)

(i) This section shall not apply if council exercises its authority to exchange real property of the city for real property of equal or greater value, provided that the property being acquired by the city is to be used for municipal purposes.

(ii) If council chooses to exercise its power of real property exchange pursuant to this section, it shall be by resolution adopted by council.

(iii) Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.

(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 $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 $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 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.

(d) Online or electronic auction of personal property.--In regards to the sale of personal property of the city, an auction may be conducted by means of an online or electronic auction sale subject to the following:

(1) Bids shall be accepted electronically at the time and in the manner designated in the advertisement pursuant to the notice requirements in subsection (c).

(2) Each bidder shall have the capability to view the bidder's bid rank or the high bid price.

(3) Bidders may increase their bid prices during the electronic auction.

(4) The record of the electronic auction shall be available for public inspection.

(5) The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction, as determined by council.

(6) In the event that shipping costs are incurred, they shall be paid by the high bidder.

(7) A city that has complied with the advertising requirements of subsection (c) may provide additional public notice of the sale by bid or auction in any manner deemed appropriate by council.

(8) The newspaper advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(e) Nonapplicability.--Any requirement for advertising for bids and sale to the highest bidder imposed by this part or by a city pursuant to this section shall not apply where real or personal property of the city is sold to the following, provided that, when any real property is no longer used for the purpose of the conveyance, the real property shall revert to the city:

(1) The Federal Government, the Commonwealth, a municipality, home rule municipality, institution district or school district.

(2) A volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the city or providing emergency services in the city.

(3) A municipal authority, a housing authority created pursuant to the act of May 28, 1937 (P.L.955, No.265), known as the Housing Authorities Law, an urban redevelopment authority created pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law, a parking authority created under 53 Pa.C.S. Ch. 55 (relating to parking authorities) or under the former act of June 5, 1947 (P.L.458, No.208), known as the Parking Authority Law, or a port authority created pursuant to the act of December 6, 1972 (P.L.1392, No.298), known as the Third Class City Port Authority Act.

(4) A nonprofit corporation engaged in community industrial development.

(5) A nonprofit corporation organized as a public library.

(6) A nonprofit medical service corporation.

(7) A nonprofit housing corporation.

(8) A nonprofit museum or historical organization.

(f) Nominal consideration acceptable.--When real or personal property is sold pursuant to subsection (e)(5), (6) or (7), the city may accept nominal consideration as it shall deem appropriate. (Oct. 24, 2018, P.L.919, No.150, eff. 60 days; Feb. 5, 2020, P.L.6, No.4, eff. 60 days) 2020 Amendment. Act 4 amended subsec. (b)(1) and (8). 2018 Amendment. Act 150 amended subsec. (c). Cross References. Section 12402.1 is referred to in sections 11901, 12546 of this title.
11 Pa.C.S. § 14408 — PA Code / Title 11 / Chapter 144 / Section 14408
Suspension, discharge and discipline, reduction of employees and appeals.
Status: in_force

(a) Provisions.--

(1) All employees subject to civil service shall be subject to suspension, discharge and discipline by the director of the department in which the employee works for misconduct or violation of any law of this Commonwealth, ordinance of the city or regulation of the department. If it should become necessary to reduce the number of employees in the department for economic purposes, the following apply:

(i) Seniority rights shall prevail.

(ii) Any and all removals for cause or causes shall be from the members last appointed.

(iii) The member or members serving the shortest time shall be removed first; however, members with longer times of service may be discharged for cause.

(2) Any employee aggrieved by the suspension, discharge or discipline imposed by a department director more serious than a suspension of three days without pay may request a hearing before council or the civil service board, if designated by ordinance. At the hearing, the employee may be represented by counsel.

(a.1) Appeal.--Any civil service employee aggrieved by the decision of council or the civil service board shall have the right to appeal in accordance with 2 Pa.C.S. Ch. 7 Subch. B

(relating to judicial review of local agency action). This review shall be exclusive. When no appeal is taken within the time prescribed by law, the decision by council or the civil service board shall become final in accordance with law. The issue before the court shall be whether the action of council or the civil service board shall be affirmed or modified in any respect, whether the charges should be dismissed or whether the suspension or demotion made by the director shall be affirmed or rescinded. If any employee has been suspended and the charges are dismissed or the suspension rescinded on appeal, the employee shall receive full compensation for the entire period of suspension.

(b) Challenge.--In any case in which a police officer or firefighter who is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or discipline imposed by using the procedures provided in subsection (a)(2) or by a proceeding in grievance arbitration. A choice to proceed either by the procedures provided for in subsection (a)(2) or by grievance arbitration shall foreclose the opportunity to proceed in the alternative method.
11 Pa.C.S. § 12531 — PA Code / Title 11 / Chapter 125 / Section 12531
Tax levies.
Status: in_force

(a) Property tax.--Council may, by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year, levy and, in accordance with this part, provide for the collection of taxes on all property within the city that is made taxable for city purposes and subject to valuation and assessment by the county assessment office or the city, as provided in Subchapter A (relating to assessments of property for taxation), as follows:

(1) A tax for general revenue purposes of not more than 30 mills.

(2) An annual tax sufficient to pay interest and principal on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) or any prior or subsequent act governing the incurrence of indebtedness of the city.

(3) An annual tax, not to exceed five mills, to light the highways, roads and other public places in the city.

(4) An annual tax for the purpose of maintaining and operating recreation places and programs.

(5) An annual tax, not to exceed the sum of one-tenth of one mill, for the purpose of defraying the cost and expense of caring for shade trees and the administrative expenses connected with their care, or council may provide for the expenses by appropriation from the city general fund.

(b) Residence tax.--Council may, by ordinance, levy and, in accordance with this part, provide for the collection of a residence tax for general revenue purposes, of not more than $5 annually, on all inhabitants who are 18 years of age or older.

(c) Property tax rules.--With regard to the taxes authorized in subsection (a), the following shall apply:

(1) Special purpose levies authorized in this section shall not be included in calculating the 30-mill limit imposed by subsection (a).

(2) Any ordinance or resolution fixing the rate of taxation for any year at a millage rate shall also include a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.

(3) Council may, by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year, in any year levy separate and different rates of taxation for city purposes on all real estate classified as land, exclusive of the buildings on the real estate, and on all real estate classified as buildings on land. When real estate tax rates are so levied:

(i) The rates shall be determined by the requirements of the city budget as approved by council.

(ii) The respective rates levied on land and buildings do not have to be equal but must be fixed so as not to constitute a greater levy in the aggregate than a rate of 30 mills on both land and buildings.

(iii) The rates shall be uniform as to all real estate within the classification.

(4) Where council, by a majority action upon due cause shown, petitions the court of common pleas for the right to levy additional millage for general revenue purposes, the court, after public notice as it may direct and after hearing, may order a greater rate than 30 mills but not more than five additional mills to be levied.

(5)

(i) Notwithstanding council's power to authorize the transfer of an unexpended balance of an appropriation item pursuant to section 11804 (relating to regulations concerning appropriation), when money is collected for any special purpose, a city treasurer or council member may not apply the money for any purpose other than that for which it was collected.

(ii) Any city treasurer or council member who violates subparagraph (i) commits a misdemeanor of the third degree and, in addition to the fine or penalty that may be imposed upon conviction, shall be required to pay restitution in the amount of money improperly spent. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsecs. (a) intro. par. and

(c)(2) and (3) intro. par. Cross References. Section 12531 is referred to in sections 11018.1, 13709 of this title.
11 Pa.C.S. § 13230 — PA Code / Title 11 / Chapter 132 / Section 13230
Sewers outside cartway and curb lines.
Status: in_force

(a) General rule.--Cities may require and permit sanitary sewers and sewer pipes to be laid and constructed outside the cartway and the curb lines of the cartway in any street or highway.

(b) Use.--The sanitary sewers shall be for the service and use of the property on the side of the street or highway in which they are laid.

(c) Recoupment of costs.--The costs and expenses of any sanitary sewer laid and constructed in accordance with subsection (a) may be assessed against the property benefited, improved and accommodated by the sanitary sewer.
11 Pa.C.S. § 14320 — PA Code / Title 11 / Chapter 143 / Section 14320
Firefighters pension fund, management and annuity contracts.
Status: in_force

(a) Duty of city.--Except as provided in this subchapter, a city shall provide an annuity contract or establish, by ordinance, a firefighters pension fund.

(b) Monthly charge.--The annuity contract or firefighters pension fund shall be maintained, in part, by an equal and proportionate monthly charge against each member of the fire department. The charge may not exceed annually 4% of the pay of the member and an additional amount not to exceed 1% if deemed necessary by council to provide sufficient funds for payments to surviving spouses of members retired on pension, killed or who die in service.

(c) Existing organization or association.--If there is an existing organization or association for the benefit of fully paid firefighters, constituting and having in charge the distribution of firefighters pension money, an annuity contract may not be provided and a firefighters pension fund may not be established under the provisions of this section unless and until the members of the organization or association, by a two-thirds vote, elect to transfer the existing fund into the pension fund required under this section.

(d) Pension fund board.--A firefighters pension fund established under the provisions of this section shall be under

the direction and control of a board of managers that shall consist of the following:

(1) Ex-officio members as follows:

(i) the mayor;

(ii) the director of the department of accounts and finance;

(iii) the director of the department having charge of the fire department or, in a city where the mayor is also the director of the department having charge of the fire department, the director of the department of public safety;

(iv) the city controller; and

(v) the chief of the bureau of fire.

(2) Two members of the fire department to be chosen by the members of the fire department.

(e) Substitution.--If a city does not establish a department whose director is named as an ex-officio member of the board of managers, the director of another department or the officers of the city as may be designated by council shall be substituted on the board of managers.

(f) Terms and vacancy.--Of the first members chosen by the members of the fire department to the board of managers, one shall be chosen for a term of two years and one for a term of four years. Biennially after the initial choices, one fire department member shall be chosen for a term of four years to take the place of the one whose term expires. In case of vacancy among the managers chosen by the fire department, a successor shall be chosen for the unexpired term.

(g) Requirements.--Under regulations prescribed by the board of managers, the firefighters pension fund shall be applied for the benefit of the members of the fire department who receive honorable discharge from the fire department by reason of service, age or disability, surviving spouses of retired members and the families of members who are killed or who die in the service. A pension to an individual who is retired by reason of disability, service or age must be in conformity with a uniform scale, together with service increments as provided under this subchapter. A benefit from the fund to the family of a member who was killed or who died in service shall take into consideration the member's surviving spouse and the member's minor children under 18 years of age, if any.
11 Pa.C.S. § 14321 — PA Code / Title 11 / Chapter 143 / Section 14321
Retirement and final discharge.
Status: in_force

(a) Ordinance.--With regard to continuous service and minimum age requirements, the ordinance establishing or regulations governing the firefighters pension fund shall prescribe as follows:

(1) A minimum period of continuous service of not less than 20 years.

(2) If a minimum age is prescribed, a minimum of 50 years of age.

(b) Retired member.--If not unfit by reason of age, disability or otherwise, a retired member shall be subject to service as a firefighter reserve in a case of emergency under terms and conditions as may be established by council.

(c) Military service.--With the approval of council, a member of the firefighters pension fund shall be entitled to have full credit for each year or fraction of a year, not to exceed five years, of service upon:

(1) the member's payment to the firefighters pension fund of an amount equal to that which the member would have paid had the member been a member during the period for which the member desires credit; and

(2) the member's payment to the fund of an additional amount as the equivalent of the contributions of the city plus the interest the city would have been required to pay on the contributions on account of the military service. To be eligible under this paragraph, the member must be a contributor who served in the armed forces of the United States after September 1, 1940, and was not a member of the firefighters pension fund prior to the military service.

(d) Payments to surviving spouse.--Upon the death of a member who retires on pension or is killed in service on or after January 1, 1960, or who dies in the service on or after January 1, 1968, payments as provided under this subchapter shall be made to the member's surviving spouse during the life of the spouse.

Cross References. Section 14321 is referred to in section 14322 of this title.
11 Pa.C.S. § 13501.1 — PA Code / Title 11 / Chapter 135 / Section 13501.1
Right to furnish water, lighting, electric, gas or other similar utility service.
Status: in_force

(a) Authority of city.--A city may supply water, lighting, electric, gas or other similar utility service for public and private uses within the city. For these purposes, a city may install, maintain and operate the necessary facilities and acquire property and make improvements as needed. In carrying out the authority granted by this section, a city may exercise the powers granted to it under this chapter or another law deemed necessary to carry out the purposes of this section, including the power to acquire, by eminent domain or otherwise, and the power to temporarily use or lease property.

(b) Rates and charges.--A city supplying water, lighting, electric, gas or other similar utility service may fix the rates and charges applicable to the service in accordance with section 13587 (relating to fixing rates).

(c) Incurring debt.--For the purposes of this section, a city may incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing). Cross References. Section 13501.1 is referred to in section 13540.1 of this title.
11 Pa.C.S. § 13241 — PA Code / Title 11 / Chapter 132 / Section 13241
Approval of Department of Environmental Protection.
Status: in_force

No sewer or plant shall be constructed until plans and specifications have been submitted to the Department of Environmental Protection and approved in accordance with provisions of applicable law.
11 Pa.C.S. § 12442 — PA Code / Title 11 / Chapter 124 / Section 12442
Appropriation for nonprofit art corporation.
Status: in_force

(a) Appropriation.--Council may appropriate money annually, of not more than an amount equal to one mill of the real estate tax, to any nonprofit art corporation for the conduct of its artistic and cultural activities.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Artistic and cultural activities." The term shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council, commission or coordinating agency or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts.
11 Pa.C.S. § 12444 — PA Code / Title 11 / Chapter 124 / Section 12444
Validation and maintenance of certain records.
Status: in_force

(a) Validation of records.--Except as otherwise provided by law, city records that are required to be recorded or copied shall be deemed valid if recorded or transcribed by any digital, photostatic, photographic, microphotographic, microfilm, microcard, miniature photographic, optical, electronic or other process that accurately reproduces the original and forms a durable medium for recording, storing and reproducing the original in accordance with standards, policies and procedures for the creation, maintenance, transmission or reproduction of images of records approved by the county or local government records committees, as applicable, and as otherwise provided by law. Where recording in a specific book is required, except for minutes or the proceedings of council, the records may be recorded, transcribed or otherwise assembled in an appropriate book, disk or other medium approved by resolution of council, and all records recorded and assembled in any manner are validated.

(b) Maintenance of records.--A city shall not be required to retain original or paper copies of documents after the documents are archived by any of the methods provided for in subsection (a) or as otherwise provided by law.
11 Pa.C.S. § 14406.1 — PA Code / Title 11 / Chapter 144 / Section 14406.1
Promotions.
Status: in_force

(a) Certification.--Council shall notify the civil service board of a civil service vacancy in the city which is to be filled by promotion and shall request the certification of an eligibility list as provided in this chapter. For each vacancy, the board shall certify the names of three individuals on the eligibility list who have received the highest average in the last preceding promotional examination held within the period of two years preceding the date of the request for the eligibility list. If three names are not available, the board

shall certify the names remaining on the list. Council shall make an appointment from the names certified based solely on the merits and fitness of the candidates unless council makes objections to the board regarding one or more of the individuals on the eligibility list. Council shall have power to determine whether an increase in salary shall constitute a promotion.

(b) Additional powers.--Notwithstanding subsection (a), the mayor or other elected or appointed official of a city that has adopted one of the following shall retain the power to promote a candidate pursuant to that law:

(1) An optional charter pursuant to the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law.

(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30 (relating to types of optional plans of government) and 31 (relating to general provisions common to optional plans).

(3) Any other law authorizing or permitting the mayor or other elected or appointed official to promote a candidate.

(c) Exceptions.--The provisions of this section shall not apply to the mayor's designation or appointment of the chief of police pursuant to section 12002 (relating to designation of chief) or the mayor's designation or appointment of a fire chief pursuant to section 12101.1 (relating to appointment and demotion of fire chief). Cross References. Section 14406.1 is referred to in section 14406 of this title.
11 Pa.C.S. § 12651 — PA Code / Title 11 / Chapter 126 / Section 12651
Farmers.
Status: in_force

A city may not levy or collect a license fee from a farmer upon sales of the farmer's own produce in or about the streets of the city. This section shall not restrict a city's power to regulate the conduct of a farmer's business.
11 Pa.C.S. § 14320.1 — PA Code / Title 11 / Chapter 143 / Section 14320.1
Limited vested benefit for firefighters.
Status: in_force

(a) Ordinance.--The ordinance establishing a firefighters pension fund may provide for a limited vested benefit if the benefit would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

(b) Conditions.--Under a limited vested benefit, if a member of the firefighters pension fund has not completed the minimum period of continuous service and the applicable minimum age requirement but has completed 12 years of full-time service and ceased to be employed as a full-time firefighter, the member shall be entitled to vest the member's retirement benefits subject to the following conditions:

(1) The member must file with the management board of the firefighters pension fund a written notice of the member's intention to vest.

(2) The member must include in the notice the date the member intends to terminate service as a full-time firefighter.

(3) The termination date shall be at least 30 days later than the date of notice to vest.

(4) The member must be in good standing with the fire department on the date of notice to vest.

(5) The board shall indicate on the notice to vest the rate of the monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding the date, whichever is higher.

(c) Notification.--Upon reaching the date that would have been the member's retirement date had the member continued full-time employment with the fire department, the member shall notify the board in writing that the member desires to collect the member's pension.

(d) Computation.--The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:

(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.

(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service rendered bears to the years of service that would have been rendered had the member continued to be employed by the department until the member's minimum retirement date. Cross References. Section 14320.1 is referred to in section 14322 of this title.
11 Pa.C.S. § 11906 — PA Code / Title 11 / Chapter 119 / Section 11906
Designation of appropriations, certification in excess of appropriation and contracts for governmental services for more than one year.
Status: in_force

With regard to any contract, council may direct the city administrator, chief fiscal officer or other designated official or employee to furnish information concerning the availability of appropriated money to satisfy required payments under the contract. Nothing in this section shall prevent the making of contracts for governmental services for a period exceeding one year, but any contract shall be executed only for the amounts agreed to be paid for the services to be rendered in succeeding fiscal years.
11 Pa.C.S. § 10904 — PA Code / Title 11 / Chapter 109 / Section 10904
Offices to be held until qualification of successors.
Status: in_force

(a) Successor.--An officer of a city, who has been elected or appointed and has qualified under this chapter, shall hold office until the officer's successor meets all of the following:

(1) Is elected or appointed and takes the oath of office.

(2) Provides the necessary bond.

(3) Takes other necessary actions required by law to qualify to assume office.

(b) Failure to appear.--If an elected official fails to appear at the organizational meeting of council to demonstrate the official's qualifications for office and to take the oath of office either:

(1) the official must fully qualify for office and take the oath of office within 14 days of the date of the organizational meeting of council; or

(2) the office of that elected official shall be deemed to be vacant and the vacancy shall be filled in the manner provided by this chapter.

(c) Multiple terms expiring.--Members whose terms have expired and who are to be replaced shall draw lots to determine which of the members shall continue to serve on council until the member's successor duly qualifies or takes the oath of office when all of the following apply:

(1) The terms of office of more than one council at-large member expire.

(2) More than one seated council member is to be replaced as the result of an election.

(3) Only one of the newly elected council members fails to qualify to assume office.

(d) Continuing to hold office.--An individual continuing to hold office under this section after the first Monday of January, which would have marked the end of the individual's term, may not participate in:

(1) The deliberations concerning the individual's successor.

(2) A vote appointing the individual's successor. Cross References. Section 10904 is referred to in sections 10701, 11202 of this title.
11 Pa.C.S. § 10200 — PA Code / Title 11 / Chapter 102 / Section 10200
Definitions.
Status: in_force

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 ........................."
11 Pa.C.S. § 12432 — PA Code / Title 11 / Chapter 124 / Section 12432
Disorderly conduct.
Status: in_force

Council may, by ordinance, prohibit disorderly conduct within the limits of the city and provide for the imposition of penalties in accordance with this part. If an ordinance is enacted, it shall define disorderly conduct in a manner substantially similar to the provisions of 18 Pa.C.S. § 5503 (relating to disorderly conduct).
11 Pa.C.S. § 11018.14 — PA Code / Title 11 / Chapter 110 / Section 11018.14
Maps, plans or drawings.
Status: in_force

(a) Adoption.--Except as otherwise provided under the Municipalities Planning Code, if maps, plans or drawings are to be adopted as part of an ordinance, council, instead of

publishing the maps, plans or drawings as part of the ordinance may make reference to, in publishing the ordinance or a summary of the ordinance, the location where the maps, plans or drawings are on file and may be examined.

(b) Amending.--Once enacted as part of an ordinance, a map, plan or drawing shall be amended by ordinance. Cross References. Section 11018.14 is referred to in section 11018.15 of this title.
11 Pa.C.S. § 12308 — PA Code / Title 11 / Chapter 123 / Section 12308
Powers of board of health.
Status: in_force

The board of health shall:

(1) If authorized by council, employ agents and employees at rates of compensation approved by council.

(2) Enter upon any premises within the city, as a body or by committee or by its agents or employees, which are suspected of infectious or contagious disease or of any other nuisance prejudicial to the public health or which pose danger, for the purpose of examining the premises or of preventing, confining or abating public nuisances. The following apply:

(i) In the event that entry upon any premises is refused by an owner, an agent of an owner or tenant, the board of health shall obtain an administrative search warrant from a magisterial district judge within the judicial district where the premises to be inspected is located.

(ii) It shall be sufficient to support the issuance of a warrant for the board of health to provide to the magisterial district judge evidence of any of the following:

(A) Reasonable standards and an administrative plan for conducting inspections.

(B) The condition of the premises or general area and the passage of time since the last inspection.

(C) Facts, supported by an oath or affirmation, alleging that probable cause exists that a law, regulation or ordinance subject to enforcement by the board of health has been violated.

(3) Conduct investigations and hold public hearings in the performance of its duties and powers. In a hearing under this paragraph, the president and secretary of the board may administer oaths and affirmations, but shall receive no fee for administration, and the board of health may require the attendance of witnesses and their books and papers in accordance with section 10917 (relating to powers of subpoena and compelling testimony).

(4) Publish and enforce its rules and regulations as approved by council.

(5) If approved by council, provide for or cooperate in providing for general and gratuitous vaccination, disinfection and other public health control programs and make medical relief available to benefit public health.

(6) Provide, in accordance with Subchapter B (relating to public nuisances detrimental to public health), for the prevention, abatement and removal of conditions found to be detrimental to public health as public nuisances or to declare and certify to council that the premises or places harboring the detrimental condition are public, not private, nuisances. Cross References. Section 12308 is referred to in sections 12306, 127A02, 127A04, 141A04, 141A05 of this title.
11 Pa.C.S. § 13102 — PA Code / Title 11 / Chapter 131 / Section 13102
Ordinance for location of bridges.
Status: in_force

(a) General rule.--Cities may enact ordinances fixing the location and providing for the laying out and opening of the routes or locations for bridges, which shall be public streets.

(b) Procedure.--The procedure for the laying out and opening of the routes or locations of bridges shall be the same as is provided by this chapter for the laying out and opening of streets.
11 Pa.C.S. § 14302.1 — PA Code / Title 11 / Chapter 143 / Section 14302.1
Limited vested benefit.
Status: in_force

(a) Ordinance.--The ordinance establishing a police pension fund may provide for a limited vested benefit if the benefit would conform to section 305 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

(b) Requirements.--Under a limited vested benefit, a member of the police pension fund who has not completed the minimum period of continuous service requirement and satisfied an applicable minimum age requirement but who has completed 12 years of full-time service shall be entitled to vest the member's retirement benefits subject to the following conditions:

(1) The member must file with the management board of the police pension fund a written notice of the member's intention to vest.

(2) The member must include in the notice the date the member intends to terminate the member's service as a full-time police officer.

(3) The termination date shall be at least 30 days later than the date of notice to vest.

(4) The member must be in good standing with the police department on the date of the notice to vest.

(5) The board shall indicate on the notice to vest the rate of the monthly pay of the member as of the date of the notice to vest or the highest average annual salary which the member received during any five years of service preceding that date, whichever is higher.

(c) Notification.--Upon reaching the date that would have been the member's retirement date if the member continued full-time employment with the police department, the member shall notify the board, in writing, that the member desires to collect the member's pension.

(d) Amount of retirement benefits.--The amount of retirement benefits the member is entitled to receive under this section shall be computed as follows:

(1) The initial determination of the member's base retirement benefits shall be computed on the salary indicated on the notice to vest.

(2) The portion of the base retirement benefits due the member shall be determined by applying to the base amount the percentage that the member's years of service rendered bears to the years of service that would have been rendered if the member continued to be employed by the department until the member's minimum retirement date. Cross References. Section 14302.1 is referred to in section 14303 of this title.
11 Pa.C.S. § 11804 — PA Code / Title 11 / Chapter 118 / Section 11804
Regulations concerning appropriation.
Status: in_force

(a) Debt.--Debt may not be incurred by any department of the city except in accordance with law.

(b) Appropriations.--Money may not be paid out of the city treasury except by an appropriation made in accordance with law and a document authorizing payment drawn by the proper officer.

(c) Expenditures.--The city may not hire employees, purchase materials, execute contracts or issue orders for the payment of any money if it would result in the total expenditure of money for a specific purpose to exceed the amount appropriated for that purpose.

(d) Expense reports.--If an appropriation is entirely expended and the object of the appropriation is not completed,

not later than the next regularly scheduled council meeting, the chief fiscal officer shall report the fact to council and accompany the report with a statement of the money which has been drawn on the appropriation and the particular purpose for which the money was drawn.

(e) Supplemental appropriations.--Council may, by ordinance, make supplemental appropriations for any lawful purpose from any money in the city treasury or estimated to be deposited in the city treasury within the fiscal year and not appropriated for any other purpose, including the proceeds of any borrowing authorized by law.

(f) Transfers.--

(1) Council may authorize the transfer of any unexpended balance of an appropriation item.

(2) Before authorizing a transfer under paragraph (1), council shall seek comments from any director of a department negatively affected by the proposed transfer.

(g) Methods of transfers.--Council shall determine the manner and method of all intradepartmental and interdepartmental financial transfers. Cross References. Section 11804 is referred to in section 12531 of this title.
11 Pa.C.S. § 14342 — PA Code / Title 11 / Chapter 143 / Section 14342
Retirement age.
Status: in_force

In a city which has created a pension fund and board in accordance with this subchapter, an employee 60 years of age or older who has been employed for a period of 20 years or more shall, upon application to the board, be retired from service and shall, subject to qualifications provided in this subchapter during the remainder of the employee's life, receive the pension or compensation fixed by this subchapter.
11 Pa.C.S. § 12985 — PA Code / Title 11 / Chapter 129 / Section 12985
Maintenance of streets forming boundaries.
Status: in_force

(a) General rule.--A street on the boundary line between a city and another municipal corporation shall be maintained jointly by the city and the other municipal corporation.

(b) Maintenance agreement.--The officers of the city and the municipal corporation maintaining a street under subsection

(a) shall enter into an agreement providing for the division of the cost of maintenance between the city and other municipal corporation.

(c) Refusal to participate.--If a municipal corporation shall fail or refuse to enter into a contract under this section, the city or any taxpayer of the noncontracting municipal corporation may petition the court of common pleas of the county, setting forth the facts.

(d) Court decision.--The court, after hearing of which notice shall be given to all parties interested as the court may direct, shall make an order directing the manner of the maintenance and the division of the cost of maintenance between the city and the other municipal corporation.
11 Pa.C.S. § 12409 — PA Code / Title 11 / Chapter 124 / Section 12409
Accumulation of ashes, garbage, solid waste and refuse materials.
Status: in_force

(a) General rule.--Council in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal.

(b) Collection and removal.--

(1) Council may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement.

(2) A contract with refuse haulers may be made for an initial period not to exceed five years with optional renewal periods of up to five years.

(3) The limitation in paragraph (2) does not apply to a contract with a county or municipal corporation.

(c) Disposal.--

(1) Council may dispose of, by contract or otherwise, ashes, garbage, solid waste or other refuse materials.

(2) A contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste or other refuse materials may be made for a period not to exceed 20 years.

(3) The limitation in paragraph (2) does not apply to a contract with a county or municipal corporation.

(d) Acquisition of real property and facilities.--

(1) Council may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the city, including equipment, either separately or jointly, with a county or municipal corporation in order to provide for the collection, removal, disposal and destruction of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste.

(2) Council may provide for the payment of the cost out of the funds of the city.

(3) Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain,

and may maintain lands and places for the dumping of ashes, garbage, solid waste or other refuse materials.

(4) If council acquires land outside the limits of the city by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(e) Rates and charges.--

(1) Council may establish, alter, charge and collect rates and other charges for:

(i) the collection, removal and disposal of ashes, garbage, solid waste, other refuse materials and recyclable materials; and

(ii) the cost of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities for collection, removal and disposal; and

(iii) the amount due under a contract with a county or municipal corporation furnishing the services or facilities.

(2) The rates and other charges shall be collected pursuant to the Municipal Claim and Tax Lien Law or by a civil action.

(f) Appropriations.--Council may make appropriations to a county or municipal corporation for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of ashes, garbage, solid waste, other refuse materials, recyclable materials or composted leaf and yard waste.

(g) Exclusion from other laws.--A city shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the city when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."
11 Pa.C.S. § 14602 — PA Code / Title 11 / Chapter 146 / Section 14602
Compromise of municipal claims.
Status: in_force

(a) Agreement.--Council may agree with the owner of the real estate to accept a sum less than the whole of the amount

of a municipal claim due, in compromise or reduction of the amount of the claim and the interest charges, expenses and fees added to and due on the claim, if:

(1) the city had entered the claim in the office of the prothonotary as a lien against real estate; and

(2) the claim has existed for 10 years or more.

(b) Satisfaction of lien.--Upon receipt of the compromise amount as agreed upon:

(1) The city shall cause the lien to be properly satisfied on the record, which shall be as effective as if the whole amount of the claim, interest, charges, expenses and fees had been paid.

(2) The claim shall no longer be a lien against the real estate or a claim against the owner of the real estate.

(c) Applicability.--The provisions of this section permitting compromise of municipal claims shall not apply to or in any manner affect any claims, the assessments for which:

(1) Are:

(i) the sole basis of improvement bonds issued by any political subdivision; and

(ii) the security for the payment of the bonds.

(2) Have been assigned by any political subdivision to any contractor in payment of the amount due the contractor under terms of the contract for the improvement for which the assessments were levied.
11 Pa.C.S. § 11910 — PA Code / Title 11 / Chapter 119 / Section 11910
Acceptance by contractor of Workers' Compensation Act.
Status: in_force

(a) General rule.--All contracts executed by any city which involve the construction or performance of any work involving the employment of labor shall contain a provision that the contractor shall accept and file with the city, proof of compliance with or exemption from the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, insofar as the work covered by the contract is concerned.

(b) Certificate of exemption.--A certificate of exemption from issuance may be issued on the basis of either individual self-insurance or group self-insurance.

(c) Exception.--A contractor shall file with the city any proof that the Department of Labor and Industry, with respect to certain employees, has accepted the application to be excepted from the provisions of the Workers' Compensation Act on religious grounds.

(d) Violation.--Any contract executed in violation of this section is void.
11 Pa.C.S. § 10210 — PA Code / Title 11 / Chapter 102 / Section 10210
Existing liabilities, debts and claims.
Status: in_force

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 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.
11 Pa.C.S. § 11801 — PA Code / Title 11 / Chapter 118 / Section 11801
Fiscal year.
Status: in_force

The fiscal year of each city shall begin on January 1 and end on December 31.
11 Pa.C.S. § 11601 — PA Code / Title 11 / Chapter 116 / Section 11601
Appointment of city solicitor.
Status: in_force

Council shall provide, by ordinance, for the manner of appointment and compensation of the city solicitor, which may be a law firm.
11 Pa.C.S. § 11005 — PA Code / Title 11 / Chapter 110 / Section 11005
Meetings of council, notice and participation by telecommunication device.
Status: in_force

(a) Meetings.--

(1) Council shall hold stated meetings at least once each month, and at other times as may be fixed by ordinance, and continue them as long as the transaction of the public business demands.

(2) Special meetings must be held in accordance with the following:

(i) The mayor, as president of council, may call special meetings of council.

(ii) A special meeting of council shall be called by the mayor upon the request of:

(A) two council members in the case of a five-member council; or

(B) three council members in the case of a seven-member council.

(iii) In addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to open meetings), 24-hour notice of a special meeting shall be given to each member.

(iv) A special meeting can be a special purpose meeting or a general purpose meeting, as advertised.

(v) Notice of a special meeting shall state the nature of the business to be conducted at the meeting.

(b) Telecommunication.--Council may provide for the participation of council members in meetings of council by means of telecommunication devices, including telephones or computer terminals which permit audio communication, between locations if:

(1) A quorum under section 11004 (relating to oath of council members, quorum and rules) is established at the convening or reconvening of the meeting. If, after the convening or reconvening of the meeting, a member has been disqualified from voting as a matter of law but is still physically present, council members participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.

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

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

physically present and who are also using a telecommunication device to participate in the meeting; and

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

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

(4) Council may only authorize participation by telecommunication device for any of the following reasons for physical absence:

(i) Illness or disability of the member of council.

(ii) Care for the ill or newborn in the member's immediate family.

(iii) Emergency.

(iv) Family or business travel.

(5) Nothing in this subsection may be construed to limit the protection and prohibition contained in any law or regulation relating to the rights of the disabled.

(c) Public access.--All meetings of council, whether regular or special, shall be open to the public.

(d) Previous councils.--Council shall be a continuous body and it shall be lawful for a council to complete unfinished business or legislation begun by the preceding council.
11 Pa.C.S. § 13101 — PA Code / Title 11 / Chapter 131 / Section 13101
Construction and maintenance of bridges.
Status: in_force

(a) General rule.--Cities may locate, build and maintain bridges, wholly or partially within the city limits, along with the piers, abutments and approaches appurtenant to the bridges, to be used as public streets.

(b) Definition.--As used in this chapter, the term "bridge" shall mean a structure built to span and provide passage over a valley, road, railroad track, private property, river, creek, stream or any other body of water or physical obstacle and shall include viaducts constructed from a series of spans or arches.
11 Pa.C.S. § 13709.1 — PA Code / Title 11 / Chapter 137 / Section 13709.1
City trust.
Status: in_force

(a) Authority of city and council.--The following shall apply:

(1) A city may receive in trust the estate, money, assets and real and personal property that has been or will

be bestowed upon the city by donation, gift, legacy, endowment, bequest, devise, conveyance or other means for:

(i) the purpose of establishing or maintaining a public park; or

(ii) another public purpose for the use and benefit of the residents of the city.

(2) For the purposes of the trust, council may control the estate, money, assets and real and personal property received under this subsection.

(3) The authority provided under this subsection shall be in addition to the other powers conferred by law.

(b) Transfer of control.--The following shall apply:

(1) Control of a city trust shall be transferred to council if the trust has been or is created as a result of a property or estate having been conveyed, bequeathed or devised or otherwise given or donated to a city in trust for:

(i) the purpose of establishing or maintaining a public park; or

(ii) another public purpose for the use and benefit of the residents of the city.

(2) Upon petition of council, the court of common pleas in the county where a city is located may transfer control of the trust to council if necessary to carry out the intention of this section.

(c) Delegation.--Council may delegate the supervision and operation of recreation places subject to the trust to a recreation board in accordance with section 13703.1 (relating to powers of council and delegation).

(d) Power of the court.--This section shall not limit a power of the court to terminate or reform a trust under existing law.
11 Pa.C.S. § 12446 — PA Code / Title 11 / Chapter 124 / Section 12446
Emergency services.
Status: in_force

(a) Provision of emergency services.--A city shall be responsible for ensuring that fire and emergency medical services are provided within the city by the means and to the extent determined by the city, including the appropriate financial and administrative assistance for these services.

(b) Consultation with providers.--The city shall consult with fire and emergency medical services providers to discuss the emergency service needs of the city.

(c) Expenditure report.--The city shall require any emergency services providers receiving city money to provide an annual itemized listing of all expenditures of city money before the city may consider budgeting additional funding to the provider.
11 Pa.C.S. § 11603 — PA Code / Title 11 / Chapter 116 / Section 11603
Duties.
Status: in_force

The city solicitor shall have the following duties:

(1) Overseeing, as directed by resolution or ordinance, the preparation of all bonds, obligations, contracts, leases, conveyances and assurances to which the city or a municipal department is a party.

(2) Overseeing litigation by or against the city or a municipal officer, in the municipal officer's official capacity, including:

(i) filing of a municipal claim or lien; and

(ii) administrative practice.

(3) Performing any action incident to the office which the city solicitor may be lawfully authorized and required

to do by the mayor or by any ordinance or resolution of council.

(4) Performing duties as council directs.
11 Pa.C.S. § 10409 — PA Code / Title 11 / Chapter 104 / Section 10409
Pennsylvania Election Code.
Status: in_force

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.
11 Pa.C.S. § 10301 — PA Code / Title 11 / Chapter 103 / Section 10301
Resolution and petition.
Status: in_force

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. Cross References. Section 10301 is referred to in section 10302 of this title.
11 Pa.C.S. § 11051 — PA Code / Title 11 / Chapter 110 / Section 11051
Petition and reconsideration of ordinance.
Status: in_force

With the exception of an ordinance dealing with the subjects set forth in section 11050(b) (relating to time ordinances go into effect), an ordinance shall be suspended from going into operation and shall be reconsidered by council if all of the following occur:

(1) A petition is presented to council:

(i) within 10 days after the ordinance's final enactment;

(ii) in accordance with this subchapter; and

(iii) which protests against enactment of the ordinance.

(2) The petition must be signed by electors as required in section 11033(a)(2) (relating to number of signatures, examination and certificate by city clerk). Cross References. Section 11051 is referred to in sections 11052, 11054 of this title.
11 Pa.C.S. § 11908.1 — PA Code / Title 11 / Chapter 119 / Section 11908.1
Purchase contracts for petroleum products, fire company and participation.
Status: in_force

Council of each city shall have power to permit, subject to any terms and conditions as the city may impose, any fire company, rescue company and ambulance company in the city to participate in purchase contracts for petroleum products entered into by the city. Fire company, rescue company and ambulance company participation in purchase contracts for petroleum products shall be subject to the condition that all prices shall be FOB. If permitted by council, a fire company, rescue company or ambulance company may participate in designated petroleum product contracts entered into by the city, subject to the fire company, rescue company or ambulance company:

(1) Having filed with the city clerk a request that it be authorized to participate in contracts for the purchase of petroleum products of the city.

(2) Having agreed that it will be bound by any terms and conditions imposed by the city.

(3) Having agreed that it will be responsible for payment directly to the vendor under each purchase contract.
11 Pa.C.S. § 12002 — PA Code / Title 11 / Chapter 120 / Section 12002
Designation of chief.
Status: in_force

The chief of police shall be designated by the mayor from within the ranks and may be demoted without cause in the same manner, but not to any rank lower than the rank which was held at the time of designation as chief of police. In the event that no qualified officer from within the ranks has applied for the designation, the chief of police shall be designated by the mayor from outside the ranks. The officers, other than the chief of police, shall be designated in accordance with Chapter 144 (relating to civil service). Cross References. Section 12002 is referred to in sections 12001, 14406.1 of this title.
11 Pa.C.S. § 12418 — PA Code / Title 11 / Chapter 124 / Section 12418
Transportation stands.
Status: in_force

Council may establish stands for taxis, buses, automobiles and other vehicles for hire and enforce the observance and use of the stands.
11 Pa.C.S. § 145A00 — PA Code / Title 11 / Chapter 1 / Section 145A00
Definitions.
Status: in_force

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:

"Public improvement." The term includes, but is not limited to, the following:

(1) The building, paving, grading, rebuilding, repaving and regrading of streets, sidewalks, curbs and gutters.

(2) The creation, extension and renovation of water and sewerage collection, transmission, treatment and disposal systems.

(3) The creation, extension and renovation of storm, surface and subsurface drainage systems.

(4) The construction, reconstruction and repair of wharves and docks.

(5) The installation of pipes, wires and conduits relating to city-supplied utility services.

(6) The installation, maintenance or operation of lighting that services the streets and sidewalks within the city.

(7) The planting, maintaining, trimming, transplanting, removal and protection of shade trees.
11 Pa.C.S. § 11039 — PA Code / Title 11 / Chapter 110 / Section 11039
Number of proposed ordinances to be submitted and elections limited.
Status: in_force

Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this subchapter. Proposed ordinances on the same subject matter shall not be submitted by petition more frequently than once every three years.
11 Pa.C.S. § 12801 — PA Code / Title 11 / Chapter 128 / Section 12801
Exercise of eminent domain.
Status: in_force

(a) General rule.--In addition to all other purposes for which a city may exercise the power of eminent domain as authorized by this part or by other laws of this Commonwealth and subject to the duty to provide just compensation, a city may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes:

(1) The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets.

(2) The construction of bridges and the piers, abutments and approaches for bridges.

(3) The construction of slopes, embankments and storm water sewers, including storm water drains.

(4) The erection and extension of waterworks, wharves and docks, public buildings, public works, filtration plants, sewage systems, sewage treatment works, waste disposal

plants, including disposal of garbage, ashes and other refuse materials and transfer facilities, gas plants, electric power and light plants, firehouses, hospitals, public auditoriums, memorial buildings, public transportation facilities, comfort stations, homeless shelters, waiting stations, communications facilities, drinking fountains, libraries and other public buildings and public works.

(5) The establishing of recreation places.

(6) The changing of watercourses.

(7) The acquisition of lands, easements and property for use of the Pennsylvania National Guard in accordance with sections 144A13 (relating to eminent domain for National Guard purposes) and 144A14 (relating to land for armory purposes).

(b) Eminent domain proceedings.--Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain). Cross References. Section 12801 is referred to in section 12960 of this title.
11 Pa.C.S. § 11901.6 — PA Code / Title 11 / Chapter 119 / Section 11901.6
Bid, performance and payment security.
Status: in_force

(a) Bid security.--The following shall apply to bid security:

(1) Council may require that bids received pursuant to advertisement be accompanied by bid security, in a reasonable amount, which shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do business in this Commonwealth or another form of security as specified in the advertisement for bids.

(2) In the event the successful bidder shall, upon award of the contract, fail to comply with the requirements of subsection (b) as to performance security, the bid security shall be forfeited to the city as liquidated damages.

(b) Performance security.--The following shall apply to performance security:

(1) In the case of a contract that had been subject to advertising and bidding, the successful bidder shall be required to furnish performance security in the form of a bond or irrevocable letter of credit in an amount equal to 100% of the contract price with suitable reasonable requirements guaranteeing the performance of the contract. Performance security shall be provided within 20 days after the contract has been awarded, unless council prescribes a shorter period of not less than 10 days. Failure to furnish the security within the required time period shall void the award.

(2) The provisions of this subsection requiring successful bidders to furnish performance security shall not be mandatory as to contracts for the purchase of motor vehicles or other pieces of equipment but only as to those contracts which involve furnishing of labor and materials. Council may, in all cases of contracts or purchases, require security for performance, delivery or other terms.

(c) Payment security.--The following shall apply to payment security:

(1) In conformity with the act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors' Bond Law of 1967, it shall be the duty of every city to require any individual, partnership, association or

corporation entering into a contract with the city for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind, where the amount of the contract is in excess of $10,000, before commencing work under the contract, to provide payment security in a form acceptable to and approved by the city, which may include, but need not be limited to, any of the following equal to 100% of the contract amount:

(i) A bond.

(ii) Federal or Commonwealth-chartered lending institution irrevocable letters of credit.

(iii) Restrictive or escrow accounts in the lending institutions under subparagraph (ii).

(2) The payment security shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of the prime contractor's subcontractors, in the execution of the work provided for in the contract. The payment security shall be conditioned for the prompt payment of all material furnished or labor supplied or performed in the execution of the work under the contract.
11 Pa.C.S. § 12419 — PA Code / Title 11 / Chapter 124 / Section 12419
Police force.
Status: in_force

(a) General rule.--Council may establish and maintain a police force and define the duties of the force in accordance with Chapter 120 (relating to police force).

(b) Method of providing police services.--Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), council may provide for police services as follows:

(1) by municipal police officers under a contract;

(2) through the purchase of the police services; or

(3) by joining or developing a consolidated regional police service.
11 Pa.C.S. § 13707 — PA Code / Title 11 / Chapter 137 / Section 13707
Joint ownership and maintenance.
Status: in_force

A city may acquire, jointly with one or more other municipalities, property for and operate and maintain a recreation place. A city may join with a school district and appropriate money for equipping, operating and maintaining a recreation place.
11 Pa.C.S. § 11903.1 — PA Code / Title 11 / Chapter 119 / Section 11903.1
Adjustments to base amount based on Consumer Price Index for All Urban Consumers.
Status: in_force

Adjustments to the base amounts specified under sections 11901.1 (relating to contracts or purchases in excess of base amount of $18,500), 11902 (relating to evasion of advertising requirements) and 11909 (relating to separate bids for plumbing, heating, ventilating and electrical work, elevators and escalators) shall be made as follows:

(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average, as published by the United States Department of Labor, Bureau of Labor Statistics, for the 12-month period ending September 30.

(2) If the Department of Labor and Industry determines that there is no positive percentage change, no adjustment to the base amounts shall occur for the relevant time period provided for in this section.

(3)

(i) If the Department of Labor and Industry determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be rounded to the nearest $100 to determine the final adjusted base amounts for purposes of sections 11901.1 and 11902.

(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums shall be rounded to the nearest $100 to determine the new final adjusted base amounts for purposes of sections 11901.1 and 11902.

(5) The determinations and adjustments required under this section shall be made annually after October 1 and before November 15.

(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7) The Department of Labor and Industry shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under section 11901.1 and advertising is required under section 11902 or separate bids are required under section 11909 for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the Department of Labor and Industry in establishing the unadjusted or final adjusted base amounts under this section for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed 3%. Cross References. Section 11903.1 is referred to in sections 11901.1, 11901.2, 11901.4, 11902, 11909 of this title.
11 Pa.C.S. § 11037 — PA Code / Title 11 / Chapter 110 / Section 11037
Effect of majority vote.
Status: in_force

If the majority of the qualified electors voting on the proposed ordinance vote in favor of the ordinance, the ordinance shall become a valid and binding ordinance of the city.
11 Pa.C.S. § 10304 — PA Code / Title 11 / Chapter 103 / Section 10304
Existing rights and liabilities.
Status: in_force

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.
11 Pa.C.S. § 12205 — PA Code / Title 11 / Chapter 122 / Section 12205
Extensions to be placed on maps.
Status: in_force

(a) Duty to update.--Not less than once every three months, a map that has been provided to a city, at the request of council, pursuant to section 12204 (relating to operators to furnish maps and contents) shall be updated at the direction of the mine owner, operator or superintendent.

(b) Contents.--The updated map shall show all the extensions made in any mine within the limits of the city, in whole or in part, and not already so placed upon the map, except those made within 30 days immediately preceding the time of placing the extensions upon the map.
11 Pa.C.S. § 13245.1 — PA Code / Title 11 / Chapter 132 / Section 13245.1
Connection to existing municipal sanitary sewer.
Status: in_force

(a) General rule.--A city may, by agreement, connect with an existing sanitary sewer owned by any municipal corporation or municipal authority for either sanitary sewage collection or treatment purposes.

(b) Petition court of common pleas.--When a city desires to connect with the existing sewer of any municipal corporation or municipal authority and no agreement has been reached between the city and the municipal corporation or municipal authority, council shall present a petition to the court of common pleas setting forth those facts. The court shall fix a date for a hearing and notify all interested parties of the date.

(c) Appointment of viewers.--If, after the hearing, the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer system, the court shall appoint three viewers to:

(1) View the premises.

(2) Investigate the facts of the case.

(3) Assess the necessary costs and expenses of making the connection.

(4) Assess the proportionate part of the expense of building the original sanitary sewer system upon the city.

(d) Determination of the court.--The court shall determine the proportion of the expense for repairs that each city, municipal corporation and municipal authority bears and shall determine all other questions liable to arise in connection with the repairs.

(e) Report.--The viewers shall submit a report to the court with the result of their investigation, which shall be confirmed within 30 days, unless exceptions to the report are filed.

(f) Appeal.--After confirmation of the report or the disposal of any exceptions, any party interested may appeal the decision of the court of common pleas.
11 Pa.C.S. § 12001 — PA Code / Title 11 / Chapter 120 / Section 12001
Appointment, number, rank, compensation and qualifications of police officers.
Status: in_force

(a) General rule.--Council shall fix, by ordinance, the number, grades and compensation of the members of the city police force, who shall, except as provided in section 12002 (relating to designation of chief), be appointed in accordance with the civil service provisions of this chapter.

(b) Demotion.--No member of the city police force having been promoted in conformity with the civil service provisions of this chapter shall be demoted in rank or discharged from the police force except upon proper cause shown as set forth under the civil service provisions of this chapter.

(c) Prohibition.--No police officer, after the police officer's appointment and qualification, shall hold, at the same time, the office of constable.

(d) Rules and regulations.--Council shall promulgate rules and regulations for the organization and governing of the police force.
11 Pa.C.S. § 11034 — PA Code / Title 11 / Chapter 110 / Section 11034
Submission to council.
Status: in_force

If the petition is certified to contain signatures as required in section 11033(a)(2) (relating to number of signatures, examination and certificate by city clerk), the city clerk shall submit the petition to council without delay.
11 Pa.C.S. § 201 — PA Code / Title 11 / Chapter 2 / Section 201
City classification.
Status: in_force

For the purposes of legislation and the regulation of a city's affairs, current cities of this Commonwealth as well as future cities shall be divided into four classes as follows:

(1) Cities of the first class, having a population of at least 1,000,000 inhabitants.

(2) Cities of the second class, having a population of at least 250,000 inhabitants but less than 1,000,000 inhabitants.

(3) Cities of the second class A, having a population of at least 80,000 inhabitants but less than 250,000 inhabitants on the date that the city adopts or amends a home rule charter designating it as a city of the second class A.

(4) Cities of the third class, having a population of less than 250,000 inhabitants other than cities of the second class A.
11 Pa.C.S. § 11610 — PA Code / Title 11 / Chapter 116 / Section 11610
Special counsel.
Status: in_force

Council may retain special counsel for particular proceedings or matters of the city and shall provide for the compensation of special counsel by resolution.
11 Pa.C.S. § 10104 — PA Code / Title 11 / Chapter 101 / Section 10104
Construction of part.
Status: in_force

(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 enactments.

(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.

(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 and in other laws to the extent that the powers and duties are not repealed by this part.
11 Pa.C.S. § 127A05 — PA Code / Title 11 / Chapter 1 / Section 127A05
Abatement by owner.
Status: in_force

(a) Duty of owner.--Within 30 days after written notice has been provided pursuant to section 127A04(b)(1) or (2) (relating to prior notice of abatement), the owner shall remove and abate the nuisance.

(b) Extension.--The department, upon written application by the owner within the 30-day period referred to in subsection

(a), may grant additional time for the owner to effect the abatement of the public nuisance if the extension is limited to a specific time period.
11 Pa.C.S. § 12310 — PA Code / Title 11 / Chapter 123 / Section 12310
Fees and penalties.
Status: in_force

All fees and penalties collected or received by the board of health or a board officer acting in an official capacity shall be paid to the city treasurer for use by the city.
11 Pa.C.S. § 14404 — PA Code / Title 11 / Chapter 144 / Section 14404
Rules, regulations and examinations.
Status: in_force

(a) Duties.--The civil service board shall have the power and its duty shall be to prepare and adopt rules and regulations, subject to approval by council, which, in the board's discretion, secure and maintain the best service for the public for the selection, appointment and promotion of individuals who are qualified to perform the work which is the subject of the civil service examination as provided in this chapter and who are to be employed, appointed or promoted by the city. The rules and regulations adopted by the board shall provide for ascertaining and determining, so far as possible, the knowledge, skills, aptitude, mental and physical abilities, experience, education and character of all applicants as these criteria would reasonably apply to the respective positions. The rules and regulations shall also provide for examinations upon any and all subjects deemed proper or necessary by the board for the purpose of determining the qualifications of applicants for the respective positions sought and for which application is made.

(b) Subjects.--The civil service board shall, in accordance with this part, adopt rules and regulations concerning the following matters:

(1) minutes of proceedings;

(2) rules of procedure;

(3) records of examinations;

(4) annual report to council;

(5) notice of rules and regulations and any amendments or repeals to rules and regulations;

(6) application forms;

(7) further provisions concerning the duties of the chairperson and secretary;

(8) appointment of examiners; and

(9) other administrative matters. Cross References. Section 14404 is referred to in section 14410 of this title.
11 Pa.C.S. § 10204 — PA Code / Title 11 / Chapter 102 / Section 10204
Resolution certification and form.
Status: in_force

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.
11 Pa.C.S. § 145A05 — PA Code / Title 11 / Chapter 1 / Section 145A05
Benefits and damages.
Status: in_force

In any proceeding in which damages to property are being sought as a result of a public improvement for which an assessment of benefits has been made, the excess of damages over benefits, or the excess of benefits over damages, or nothing in case the benefits and damages are equal, shall be awarded to or assessed against the owner of land and property affected by the public improvement.
11 Pa.C.S. § 11401 — PA Code / Title 11 / Chapter 114 / Section 11401
Qualifications.
Status: in_force

The qualifications for the office of city treasurer shall be as follows:

(1) An individual must be an accountant.

(2) An individual must be at least 21 years of age.

(3) An individual must be a resident of the city for at least one year before the individual's election.

(4) Before being sworn into office, an elected city treasurer must present a signed affidavit to the city clerk certifying that the individual is in accordance with the requirements under paragraph (3).

(5) An elected city treasurer must reside in the city throughout the city treasurer's term of office.

(6) An individual must be a qualified tax collector or, in the case of an individual appointed to fill a vacancy in the office of treasurer, become a qualified tax collector, in accordance with the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law. References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality. Special Provisions in Appendix. See section 3(3)(ii) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 11401 is referred to in section 10701 of this title.
11 Pa.C.S. § 12311 — PA Code / Title 11 / Chapter 123 / Section 12311
Proceedings of board of health to be public.
Status: in_force

The proceedings of the board of health shall be public and its journal of proceedings shall be open to public inspection.
11 Pa.C.S. § 14348 — PA Code / Title 11 / Chapter 143 / Section 14348
Appropriations and contributions to fund.
Status: in_force

Council may annually set aside, apportion and appropriate, out of all taxes and income of the city, to the board a sum sufficient to maintain the pensions or compensations due on account of the city contributions for all employees, except volunteer firefighters. The board of trustees of the volunteer fire company employing and paying members shall annually contribute to the board a sum equal to the same percentage of its participating payroll as the amount contributed by the city for the same year bears to its participating payroll for each volunteer firefighter member becoming a member of the fund. Cross References. Section 14348 is referred to in section 14344.1 of this title.
11 Pa.C.S. § 11810 — PA Code / Title 11 / Chapter 118 / Section 11810
Amending budget and notice.
Status: in_force

(a) General rule.--During the month of January following the expiration of a past fiscal year, in furthering its fiduciary responsibility, council may amend the budget and the levy and tax rate to conform to its amended budget ordinance. A period of 10 days' public inspection at the city clerk's office of the proposed amended budget ordinance, after notice by the city clerk to that effect is published in a newspaper of general circulation as provided in section 10109 (relating to publication of notices), shall intervene between council's introduction of the proposed amended budget ordinance and its enactment. Any amended budget ordinance must be enacted by council on or before February 15.

(b) Prohibition.--After introduction, no proposed amended budget ordinance shall be revised upward in excess of 10% in the aggregate or as to an individual item in excess of 25% of the amount of the individual item in the proposed amended budget ordinance.
11 Pa.C.S. § 11055 — PA Code / Title 11 / Chapter 110 / Section 11055
Presentation of petition to council.
Status: in_force

At the expiration of 10 days, the petition shall be filed with council and presented by the city clerk at council's next meeting.
11 Pa.C.S. § 14407 — PA Code / Title 11 / Chapter 144 / Section 14407
Tenure and temporary appointments.
Status: in_force

(a) Standard.--All appointments made pursuant to the provisions of this chapter shall be for and during good behavior, and no employee hired pursuant to the provisions of this chapter shall be removed or transferred for any political reasons.

(b) Temporary appointments.--In case of riot or emergency, temporary appointments to positions in the civil service may be made without complying with the provisions of this chapter.
11 Pa.C.S. § 11056 — PA Code / Title 11 / Chapter 110 / Section 11056
Ascertainment of number of signers and report.
Status: in_force

After presentation of the petition to council, the city clerk shall ascertain whether or not the referendum petition is signed by a number of registered electors equal to 20% of all the votes cast for all candidates for mayor at the last preceding municipal election at which a mayor was elected. Council may allow the clerk additional help for that purpose. After the clerk has made the examination, the clerk shall report the result to council.
11 Pa.C.S. § 11018.2 — PA Code / Title 11 / Chapter 110 / Section 11018.2
Voting, no veto and vote necessary to enact ordinances or adopt resolutions.
Status: in_force

(a) Voting generally.--Members of council present or participating via a telecommunication device shall vote on each question before council, except:

(1) As may be required by the provisions of a public official ethics law which may be applicable to members of council.

(2) As may be excused by a simple majority vote of the members of council present at a council meeting, for cause, which shall be entered in the journal, as may be deemed appropriate.

(b) Veto.--The mayor shall have no right of veto.

(c) Majority vote.--Except as otherwise provided in this part, an ordinance may not be enacted and a resolution may not be adopted by council without an affirmative vote of a majority of the number of the members of council. Cross References. Section 11018.2 is referred to in section 11018.3 of this title.
11 Pa.C.S. § 11101 — PA Code / Title 11 / Chapter 111 / Section 11101
Executive departments.
Status: in_force

The city may enact an ordinance establishing departments to implement administrative functions of the city. If the city fails to adopt an ordinance, powers and duties of the city shall be allocated and assigned among the following:

(1) The department of public affairs.

(2) The department of accounts and finance.

(3) The department of public safety.

(4) The department of streets and public improvements.

(5) The department of parks and public property. References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality. Cross References. Section 11101 is referred to in sections 10701, 11003 of this title.
11 Pa.C.S. § 11402.2 — PA Code / Title 11 / Chapter 114 / Section 11402.2
Delivery of duplicates of taxes.
Status: in_force

(a) Duplicate delivery.--

(1) Not later than 30 days after the adoption of the budget or not later than 30 days after receipt of the assessment roll from the county, whichever is later, council and county and county institution district authorities shall compile and deliver the duplicates of taxes assessed to the city treasurer to be collected.

(2) The proper school authorities shall compile and deliver the school duplicates of taxes in the city at the time and in the manner as provided by law.

(b) Inspection.--All duplicates of taxes provided to or received by the city treasurer shall be open to proper inspection by the public and auditing and examining officers of the city, county or school district and shall be delivered by the city treasurer at the expiration of the city treasurer's term to the city treasurer's successor. Cross References. Section 11402.2 is referred to in section 11402 of this title.
11 Pa.C.S. § 12300 — PA Code / Title 11 / Chapter 123 / Section 12300
Definitions.
Status: in_force

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: "Public nuisance" or "nuisance." A nuisance detrimental to the public health, unless a different meaning is specified.
11 Pa.C.S. § 12337 — PA Code / Title 11 / Chapter 123 / Section 12337
No compensation for members.
Status: in_force

The members of the board of health under this subchapter shall serve without compensation from the city.
11 Pa.C.S. § 13588 — PA Code / Title 11 / Chapter 135 / Section 13588
Collection of utility charges.
Status: in_force

(a) Authority for ordinance.--Council shall provide, by ordinance, for the collection of charges for the use of water, light, electric, gas or other similar utility service that may accrue to the city, fixing the time when the charges are payable and the penalties for nonpayment. The charges shall be assessed to the respective owners of the real estate on which the utility service is used. If the charges are not paid in accordance with the provisions of the ordinance, a claim for the amount due may be filed as a lien and collected in accordance with the Municipal Claim and Tax Lien Law.

(b) Owner liability.--

(1) If a city that has agreed to provide water service through a separate meter and separate service line to a residential dwelling unit in which the owner does not reside, the owner shall be liable to pay the tenant's bill for service rendered to the tenant by the city only if the city notifies the owner and the tenant within 30 days after the bill first becomes overdue. Notification must be provided by first class mail to the address of the owner provided to the city by the owner and to the billing address of the tenant, respectively.

(2) This subsection may not be construed to require a city to terminate service to a tenant. An owner shall not be liable for any service which the city provides to the tenant 90 or more days after the tenant's bill first becomes overdue unless the city has been prevented by court order from terminating service to that tenant.
11 Pa.C.S. § 10403.2 — PA Code / Title 11 / Chapter 104 / Section 10403.2
Report.
Status: in_force

(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 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). Cross References. Section 10403.2 is referred to in section 10404 of this title.
11 Pa.C.S. § 12333 — PA Code / Title 11 / Chapter 123 / Section 12333
Health officer.
Status: in_force

Pursuant to section 12305(b) (relating to health officer), council may appoint the manager or chief administrator of a nonprofit corporation as the principal health officer of the city.
11 Pa.C.S. § 11901.9 — PA Code / Title 11 / Chapter 119 / Section 11901.9
Lowest responsible bidder.
Status: in_force

For purposes of this chapter, the lowest responsible bidder need not be the bidder submitting the lowest dollar amount bid. The city may also consider the quality of goods or services supplied, ease of repair, compatibility with other city equipment or services, responsiveness, past performance of the bidder and any other reasonable factors specified in the advertisement for bids.
11 Pa.C.S. § 12437 — PA Code / Title 11 / Chapter 124 / Section 12437
Appropriations for handling, storage and distribution of surplus foods.
Status: in_force

(a) Appropriations.--Council may appropriate from city funds money for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency.

(b) Validity of previous appropriations.--All appropriations of money previously made by council for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency are validated.
11 Pa.C.S. § 11040 — PA Code / Title 11 / Chapter 110 / Section 11040
Submission for repeal by council.
Status: in_force

Council may submit a proposition for the repeal or amendment of an ordinance to be voted upon at a succeeding municipal, general or primary election occurring at least 90 days after council's submission of the proposition. Should the submitted proposition receive a majority of the votes cast on the proposition at the election, the ordinance shall be repealed or amended accordingly.
11 Pa.C.S. § 14307 — PA Code / Title 11 / Chapter 143 / Section 14307
Trust for benefit of police pension fund.
Status: in_force

By gift, grant, devise or bequest, a city may take money or real, personal or mixed property in trust for the benefit of the pension fund. The care, management, investment and disposal of the body of the trust shall be vested in the officer or officers of the city for the time the council designates. The care, management and disposal shall be directed by ordinance and the body of the trust shall be governed by the ordinance, subject to the directions that are not inconsistent with the ordinance, as the settlor of the trust may prescribe.
11 Pa.C.S. § 12903 — PA Code / Title 11 / Chapter 129 / Section 12903
Effect of laying out street.
Status: in_force

With regard to land not previously used by the city as a passageway for public travel, the laying out and locating of a

street in accordance with this chapter shall not in and of itself do any of the following:

(1) Authorize the entry upon or the appropriation of any property.

(2) Constitute the opening of any street or the taking or acceptance of any land.

(3) Obligate the city to improve or maintain the street or land.
11 Pa.C.S. § 12106 — PA Code / Title 11 / Chapter 121 / Section 12106
Investigation of cause of fire and power of mayor.
Status: in_force

The mayor of any city may issue a subpoena in the name of the Commonwealth to an individual requiring the attendance of the individual before the mayor or the fire marshal at the time and place as may be named in the subpoena, then and there to testify, under oath or affirmation, which the fire marshal in the absence of the mayor is empowered to administer, as to:

(1) the origin of any fire occurring within the bounds of the city; and

(2) any facts or circumstances that may be deemed important to secure the detection and conviction of any party guilty of the offense of arson or attempted arson.
11 Pa.C.S. § 12330 — PA Code / Title 11 / Chapter 123 / Section 12330
Board of directors of corporation to be appointed members of board of health.
Status: in_force

(a) General rule.--Council may, by ordinance, appoint the members of a board of directors of a nonprofit corporation as the board of health for the city for a term of five years, provided that the nonprofit corporation:

(1) Has as its principal purpose to substantially preserve and promote the public health of the city and to control and eliminate disease.

(2) Has sufficient means to render valuable assistance to the city's public health affairs, in the opinion of council and the Department of Health.

(3) Is properly organized and managed.

(4) Has not fewer than five and not more than nine members on the board of directors.

(5) Has at least two reputable physicians on the board, each of whom has not less than five years' experience in the practice of the physician's profession.

(b) Vacancies.--When the office of any member of the board of directors is terminated pursuant to the nonprofit corporation's charter or bylaws, the office of the member of the board of health shall also terminate with the resulting vacancy to be filled under subsection (c).

(c) Additional members to board of health.--

(1) If the number of the board of directors of the nonprofit corporation increases, subject to the limitation of a maximum of nine members, council may appoint any individual added to the corporation's board of directors as an additional member of the board of health for a term equal to the unexpired term of the other members.

(2) An additional appointment under this subsection shall be subject to any subsequent termination resulting from a limitation in the corporation's charter and bylaws.

Cross References. Section 12330 is referred to in section 12338 of this title.
11 Pa.C.S. § 14300 — PA Code / Title 11 / Chapter 143 / Section 14300
Definitions.
Status: in_force

(a) Chapter.--The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Joint coverage member." A city employee who becomes a member of the retirement system subsequent to the last date permitted by the city for statement or preference concerning Social Security coverage or who, having become a member on or before that date, filed a written statement with a city's retirement board that the member elects Social Security coverage under an agreement with the Secretary of Health and Human Services entered into by the Commonwealth.

"Single coverage member." A city employee who becomes a member of the retirement system on or before the last date permitted by the city for statement of preference concerning Social Security coverage and who either filed a written statement with the retirement board that the member does not elect Social Security coverage under any agreement with the Secretary of Health and Human Services entered into by the Commonwealth or did not file any written statement with the retirement board.

(b) Subchapter.--The following words and phrases when used in this subchapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Salary." The fixed amount of compensation paid at regular, periodic intervals by the city to the member and from which pension contributions have been deducted.
11 Pa.C.S. § 13587 — PA Code / Title 11 / Chapter 135 / Section 13587
Fixing rates.
Status: in_force

Council shall fix, or may delegate to a city department the power to fix, with the approval of council, rates for the use of water, light, electric, gas or other similar utility service, and, in the case of consumers outside the city, the fixing of rates shall be subject to and in accordance with applicable law and the rules and regulations of the Pennsylvania Public Utility Commission. Cross References. Section 13587 is referred to in section 13501.1 of this title.
11 Pa.C.S. § 144A14 — PA Code / Title 11 / Chapter 1 / Section 144A14
Land for armory purposes.
Status: in_force

(a) General rule.--Council may acquire, by purchase, gift or the right of eminent domain, any land for the use of the Pennsylvania National Guard and may convey lands so acquired to the Commonwealth in order to assist the State Armory Board in the erection of armories.

(b) Limitations.--The power conferred by this section shall not be exercised to take any church property, graveyard or cemetery.

(c) Lands outside city limits.--Lands within three miles outside the limits of the city may be acquired in accordance with this section for the use of the Pennsylvania National Guard. However, if the land outside the limits of the city is acquired by eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings). Cross References. Section 144A14 is referred to in section 12801 of this title.
11 Pa.C.S. § 12602 — PA Code / Title 11 / Chapter 126 / Section 12602
Regulation of motor vehicles.
Status: in_force

(a) General rule.--Subject to subsection (b), a city may regulate transportation by motor vehicle.

(b) Exception.--A city shall have no authority to and shall not regulate transportation by motor vehicle in a manner that is preempted by or is inconsistent with applicable Federal and State laws and regulations, policies or orders of Federal and State regulatory agencies.

(c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Regulate." Licensing and making regulations for transportation by motor vehicle, including the designation of streets for transportation by motor vehicle.

"Transportation by motor vehicle." The transportation for pay of passengers and property, within the limits of the city or from points in the city to points beyond the limits of the city, by a motor vehicle that is not operated on tracks.
11 Pa.C.S. § 13408 — PA Code / Title 11 / Chapter 134 / Section 13408
Waters excepted.
Status: in_force

Nothing contained in this chapter shall apply to any watercourse used by any municipality or water company as a source of supply, unless the municipality or water company shall consent to the vacation or alteration.
11 Pa.C.S. § 13606 — PA Code / Title 11 / Chapter 136 / Section 13606
Rental of public auditorium and disposition of proceeds.
Status: in_force

In the case of a public auditorium, a city may, by order of council, charge a rental fee for the use of the public auditorium. The money derived from the rental of the public auditorium shall be paid into the city general fund.
11 Pa.C.S. § 12802 — PA Code / Title 11 / Chapter 128 / Section 12802
Restrictions as to certain property.
Status: in_force

(a) General rule.--In addition to the restrictions made by other provisions of this part in particular cases or by any other provision of law, no city shall exercise the right of eminent domain against:

(1) Land now occupied by any building which was used during the Colonial or Revolutionary period as a place of assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States.

(2) Land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or any building used as headquarters by the Commander-in-Chief of the Continental Army.

(3) The site of any building, fort, redoubt, blockhouse or headquarters, which are preserved for their historic associations and not for private profit.

(b) Colonial and Revolutionary period.--The Colonial and Revolutionary period shall be deemed to have ended on September 3, 1783.
11 Pa.C.S. § 14205 — PA Code / Title 11 / Chapter 142 / Section 14205
Appropriation for support of air navigation facilities.
Status: in_force

A city that does not own, lease or operate a municipal airport, landing field or intermediate landing field or other air navigation facility may appropriate money for the support and maintenance of any of the facilities, situate either within or outside the boundaries of the city or of the county or counties in which the city is located.
11 Pa.C.S. § 10908 — PA Code / Title 11 / Chapter 109 / Section 10908
Officers not to become surety on bonds given to city and penalty.
Status: in_force

(a) Surety.--A city officer or member of council may not become the surety on a bond or obligation given to the city by an agent or contractor for the faithful performance of a trust, agency or contract.

(b) Penalty.--An individual violating a provision of this section commits a misdemeanor and shall, upon conviction, be:

(1) Subject to forfeiting office in accordance with section 10901 (relating to appointment, removal and prohibition).

(2) Sentenced to pay a fine of not more than $100.
11 Pa.C.S. § 12931 — PA Code / Title 11 / Chapter 129 / Section 12931
Payment of cost of improvement.
Status: in_force

(a) General rule.--The costs and expenses of the improvements done under section 12930 (relating to power to grade, pave and macadamize) shall be paid, in whole or in part, by the city or by the owners of real estate bounding and abutting the improvement.

(b) Assessment.--Cost and expense upon the abutting real estate shall be assessed in accordance with Chapter 145A (relating to assessments for public improvements).
11 Pa.C.S. § 12414 — PA Code / Title 11 / Chapter 124 / Section 12414
Nuisances.
Status: in_force

Council may prohibit and abate public nuisances in accordance with Subchapter B of Chapter 123 (relating to public nuisances detrimental to public health).
11 Pa.C.S. § 10203.1 — PA Code / Title 11 / Chapter 102 / Section 10203.1
Incorporating resolution.
Status: in_force

(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.
11 Pa.C.S. § 12309 — PA Code / Title 11 / Chapter 123 / Section 12309
Effect of rules and regulations.
Status: in_force

Rules and regulations adopted by the board of health shall be presented to council for its approval subject to the following:

(1) Council may approve, by ordinance, the rules and regulations submitted by the board of health.

(2) Upon approval by council, the rules and regulations of the board of health shall have the force and effect of ordinances of the city.

(3) The ordinance approving the rules and regulations may incorporate them by reference.

(4) Council shall provide a place for the public to view the rules and regulations.

(5) The ordinance approving the rules and regulations shall prescribe the penalties, fines or imprisonment for violations.
11 Pa.C.S. § 145A01 — PA Code / Title 11 / Chapter 1 / Section 145A01
Authority to assess.
Status: in_force

(a) Authority.--Unless otherwise provided for in this part, a city is authorized to assess all or any portion of the costs of a public improvement, including any related administrative fees, against any properties that are benefited by the public improvement.

(b) Payment of costs.--Unless otherwise provided in this chapter, in addition to the authority to assess the cost of public improvements against properties benefited, a city may pay for the cost of public improvements, in whole or in part, from the city general fund or, if authorized, from a special city fund dedicated to that purpose.

(c) Indebtedness.--If a city incurs indebtedness pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purposes of funding the cost and expense of making public improvements for which assessments are made in accordance with this chapter, payments made on the assessments must be applied to pay the debt service for the indebtedness incurred for funding the cost and expense of making the public improvements. Cross References. Section 145A01 is referred to in section 145A02 of this title.
11 Pa.C.S. § 12650 — PA Code / Title 11 / Chapter 126 / Section 12650
Regulation of parking lot and parking garage operators.
Status: in_force

(a) General rule.--For the purpose of protecting the public, a city may enact suitable ordinances regulating the business of operating for-profit parking lots and for-profit parking garages within the city. Ordinances shall be consistent with 75 Pa.C.S. (relating to vehicles). A city may require for-profit parking lots and for-profit parking garages to reserve areas exclusively for parking by handicapped individuals. Nothing in this section shall be construed to limit the protections and prohibitions contained in section 202 of the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, and Federal and State rules and regulations implementing those acts. License and permit requirements may be imposed on for-profit parking lots and for-profit parking garages, and license or permit fees may be charged and collected from the operators of the parking lots and parking garages.

(b) Liability insurance.--A city adopting a regulatory plan applicable to for-profit parking lots and for-profit parking garages shall have the authority to require that each operator maintain insurance from an insurer legally authorized to conduct

business in this Commonwealth in amounts not less than that which are prescribed by council for the protection of the public from loss of or damage to the vehicles parked, stored or placed under the jurisdiction of the operator and against liability arising out of the ownership or use of the parking lot or parking garage.
11 Pa.C.S. § 144A22 — PA Code / Title 11 / Chapter 1 / Section 144A22
Care of memorials.
Status: in_force

(a) Council authority.--Council may take charge of, care for, maintain and keep in good order and repair, at the expense of the city, any soldier's monument, gun or carriage or similar memorial, if the memorial:

(1) Is situate in the city.

(2) Is not in the charge or care of any individual, body or organization.

(3) Is not put up or placed by the Federal Government, the Commonwealth or the commissioners of the county or by the direction or authority of any other state.

(b) Donations.--Council may receive money from any individual or organization and may expend the money for the benefit of memorials.
11 Pa.C.S. § 145A04 — PA Code / Title 11 / Chapter 1 / Section 145A04
Appeals to court.
Status: in_force

Within 30 days after receipt of the notice of assessment, an owner of property shall have the right to appeal the assessment to the court of common pleas in the county in which the assessed property is located. On appeal, unless the court finds fraud, mistake or illegality, the court shall be restricted to determining the following questions:

(1) Whether the property assessed received any special benefits from the improvement.

(2) Whether the assessment made exceeds the special benefits received.
11 Pa.C.S. § 11204 — PA Code / Title 11 / Chapter 112 / Section 11204
Official seal of mayor.
Status: in_force

Council shall provide an official seal for the mayor in a form, as reasonably requested by the mayor, which shall not be changed during the mayor's term of office.
11 Pa.C.S. § 14404.1 — PA Code / Title 11 / Chapter 144 / Section 14404.1
Physical and psychological medical examinations.
Status: in_force

(a) Requirement.--The civil service board may require that an applicant conditionally appointed in accordance with section 14406 (relating to selection of appointee from certified list of applicants) undergo a physical or psychological medical examination as a condition of permanent appointment. Physical medical examinations, if required, shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations, if required, shall be under the direction of a psychiatrist or psychologist.

(b) Professional opinion.--A physician, other qualified medical professional, psychiatrist or psychologist shall be appointed by council and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the individual's ability to perform all the essential functions of the position for which the individual was conditionally appointed.

(c) Performance.--If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, the director of the department within which the position is to be filled shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

(d) Determination.--If, at the conclusion of the interactive discussion under subsection (c), the director of the department determines that the conditional appointee is not qualified, the director shall give written notice to the conditional appointee and the civil service board.

(e) Authorization.--Nothing in this chapter shall be construed to authorize physical or psychological medical examinations prior to conditional appointment in accordance with section 14406.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Medical examination." Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without reasonable accommodation, all of the essential functions of the position.

"Qualified medical professional." An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

(1) as a physician assistant pursuant to the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; or

(2) as a certified registered nurse practitioner pursuant to the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. Cross References. Section 14404.1 is referred to in section 14406 of this title.
11 Pa.C.S. § 12420 — PA Code / Title 11 / Chapter 124 / Section 12420
Police regulations.
Status: in_force

Council may establish and enforce suitable police regulations for the protection of individuals and property.
11 Pa.C.S. § 12918 — PA Code / Title 11 / Chapter 129 / Section 12918
Petition for opening.
Status: in_force

(a) Presentment to council.--A petition may be presented to council for the opening, widening, straightening, altering, extending, vacating, establishing or reestablishing of the grade of any street.

(b) Majority of property owners required.--A petition made pursuant to this section shall be:

(1) Signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed improvement or vacation as fixed at the time of presentation of the petition.

(2) Verified by affidavit of one or more of the petitioners.

(c) Majority in interest.--The majority in interest of owners of undivided interests in any piece of property shall be deemed as one person for the purposes of the petition. Cross References. Section 12918 is referred to in section 12919 of this title.
11 Pa.C.S. § 14305 — PA Code / Title 11 / Chapter 143 / Section 14305
Payments to police pension fund by city.
Status: in_force

Unless otherwise required by the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, or another provision of law, this section shall govern the payment to the police pension fund of money raised by a tax levied by the city. The following shall apply:

(1) A city shall pay annually to the police pension fund a sum of money sufficient to meet the requirements of and to maintain the fund. In any year, the sum may not be less than one-half of 1% or more than 3% of the taxes levied by the city, other than a tax levied to pay interest on or extinguish the debt of the city.

(2) Council may exceed the limitation imposed by this section if an additional amount is deemed necessary to provide sufficient funds for payments to surviving spouses of members retired on pension, killed or who die in the service, provided that the city may annually pay into the fund not less than one-half of 1% of the taxes levied by the city, other than a tax levied to pay interest on or extinguish the debt of the city.
11 Pa.C.S. § 14322 — PA Code / Title 11 / Chapter 143 / Section 14322
Pensions and service increments.
Status: in_force

(a) Payments.--The following apply:

(1) Payments of pensions shall only be a charge on the firefighters pension fund and shall not be a charge on any other fund under the control, or in the treasury, of the city.

(2) The basis of the pension of a member shall be determined by the monthly salary of the member at the date of vesting under section 14320.1 (relating to limited vested benefit for firefighters) or retirement or the highest average annual salary which the member received during any five years of service preceding retirement, whichever is higher, whether for disability or by reason of age or service, and, except as to service increments provided for in subsection (b), shall be one-half the annual salary of the member at the time of vesting under section 14320.1 or retirement computed at the monthly or average annual rate, whichever is higher.

(3) For payment of pensions to members for permanent injury incurred in service and to families of members killed or who die in service, the amount and commencement of the payment of pensions shall be fixed by regulations of the board of managers. These regulations shall not take into consideration the amount and duration of workers' compensation allowed by law. Payments to surviving spouses of members retired on pension or killed in service on or after January 1, 1960, or who die in service on or after January 1, 1968, shall be the amount payable to the member or which would have been payable had the member been retired at the time of the member's death.

(a.1) Home rule and optional charter plans.--The provisions of subsection (a)(2) shall not apply to a city, whether operating under an optional charter adopted in accordance with the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, or under a home rule charter adopted in accordance with 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government), which had pension plans in effect prior to June 19, 2002, that provided pensions in an amount greater than 50% of salary.

(b) Service increment.--In addition to the pension which is authorized to be paid from the firefighters pension fund under this chapter and notwithstanding the limitations placed upon the pensions and upon contributions under this chapter, every contributor entitled to the pension shall also be entitled to the payment of a service increment in accordance with and subject to the conditions imposed under this chapter.

(1) A service increment shall be the sum obtained by computing the number of whole years after having served the minimum required by this chapter during which a contributor has been employed by the city and paid out of the city treasury, including credit for military service as provided in section 14321 (relating to retirement and final discharge), and multiplying the number of years by an amount equal to 0.025% of the retirement allowance which has become payable to the contributor in accordance with the provisions of this chapter. In computing the service increment, no employment after the contributor has reached 65 years of age shall be included and no service increment shall be paid in excess of $100 per month.

(2) After September 18, 1968, each contributor shall pay into the pension fund a monthly sum in addition to the contributor's pension contribution which shall not exceed the sum of $1 per month, provided that the service increment contribution shall not be paid after a contributor has reached 65 years of age.

(3) Any individual who is a member of the department on September 18, 1968, and who has reached 65 years of age shall have the individual's service increment computed on the years of employment prior to the member reaching 65 years of age.

(4) Service increment contributions shall be paid at the same time and in the same manner as pensions and may be withdrawn in full, without interest, by individuals who leave the employment of the city, subject to the same conditions by which retirement contributions may be withdrawn, or by individuals who retire before becoming entitled to any service increment.

(5) All members of the fire department who are now contributors to the pension fund and all those employed by the city after September 18, 1968, if required to become contributors to the pension fund, shall be subject to the provisions of this chapter.

(6) After June 19, 2002, a city may agree to make service increment payments in excess of $100 per month as long as the payments do not exceed $500 per month, and, in computing the service increments, no employment after the contributor has reached 65 years of age shall be included, provided that any agreement to provide an increase in service increment payments shall include a proportionate increase in the amount each contributor shall pay into the retirement fund under paragraph (2), not to exceed $5 per month.
11 Pa.C.S. § 13603 — PA Code / Title 11 / Chapter 136 / Section 13603
Payment of erection and maintenance costs.
Status: in_force

A city may:

(1) Appropriate money and incur debt in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purchase or acquisition of private land, buildings and property through eminent domain in order to erect or establish a public building.

(2) Appropriate money for the operation and maintenance of a public building.
11 Pa.C.S. § 11402.1 — PA Code / Title 11 / Chapter 114 / Section 11402.1
City treasurer to be tax collector.
Status: in_force

Except as otherwise provided by the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, the city treasurer, by virtue of the city treasurer's office, shall be the collector of the city, county, school and institution district taxes assessed or levied in the city by the proper authorities in the city. As tax collector, the city treasurer shall maintain and keep an office which may be the same as that of the city treasurer for the purpose of receiving taxes during regular business hours.
11 Pa.C.S. § 11504 — PA Code / Title 11 / Chapter 115 / Section 11504
Certifying commencement and completion of municipal improvements.
Status: in_force

(a) Certification.--Within a reasonable time after the completion of any municipal improvement, the cost and expense

of which, in whole or in part, is to be paid by the abutting property owner, the city engineer or employees designated by the city engineer shall:

(1) certify the day or time of the completion of work;

(2) file the certification under paragraph (1) with the city clerk, who shall maintain a centralized book or listing of certifications; and

(3) provide notice of the filing to the city solicitor.

(b) Evidence of completion.--Information filed with the city clerk under subsection (a)(2) shall be conclusive evidence of the day or time when the improvement commenced and was completed.

(c) Definition.--As used in this section, the term "the day or time of the completion of the work" means the time of the completion of the whole contract for the improvement. Cross References. Section 11504 is referred to in section 13002 of this title.
11 Pa.C.S. § 12824 — PA Code / Title 11 / Chapter 128 / Section 12824
Assessment awards.
Status: in_force

In proceedings to assess damages and benefits, one of the following shall be awarded to or assessed against the owner of land and affected property:

(1) The excess of damages over benefits.

(2) The excess of benefits over damages.

(3) Nothing, if the benefits and damages are equal.
11 Pa.C.S. § 13590 — PA Code / Title 11 / Chapter 135 / Section 13590
Disposition of revenues.
Status: in_force

The revenues derived from the city's furnishing of water, light, electric, gas or other similar utility service shall be applied as follows:

(1) to the purposes of the respective departments under the direction of which the utility service is provided;

(2) for the reduction of debt related to the provision of the service provided under paragraph (1); and

(3) to another city department that provides labor or materials for the maintenance and repair of property or facilities relating to the city's provision of a utility service.
11 Pa.C.S. § 13201.1 — PA Code / Title 11 / Chapter 132 / Section 13201.1
Required connection and fees.
Status: in_force

(a) General rule.--In addition to paying for the cost and expense of construction or reconstruction in accordance with section 13201(b) (relating to construction of sanitary sewers,

cost and eminent domain), a city may, by ordinance, require connection to a sanitary sewer system provided by the city or a municipal authority serving the city.

(b) Cost.--As a condition of connection to a city-owned sewer collection, treatment or disposal facility, a city may impose and charge the following to property owners who desire to or are required to connect to the sanitary sewer system:

(1) A connection fee.

(2) A customer facilities fee.

(3) A tapping fee.

(4) Similar fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).
11 Pa.C.S. § 12653 — PA Code / Title 11 / Chapter 126 / Section 12653
Persons taking orders by samples.
Status: in_force

A city may not levy or collect a license fee or mercantile tax upon a person taking orders for merchandise by sample from a dealer or merchant for persons who pay a license or mercantile tax at their primary places of business. Nothing in this section shall authorize a person to sell by retail to persons other than dealers or merchants without payment of a license or permit fee.
11 Pa.C.S. § 11503 — PA Code / Title 11 / Chapter 115 / Section 11503
Duties.
Status: in_force

As authorized by council, engineering work undertaken by the city shall be performed or supervised by the city engineer or by another registered professional engineer employed by the city for a particular purpose. The duties of the city engineer may include all of the following:

(1) Preparing plans, specifications and estimates and undertaking other engineering work relating to constructing, reconstructing, maintaining and repairing streets, pavements, sewers, bridges, culverts and other municipal improvements.

(2) Making reports, giving estimates, supplying information and responding to questions concerning city engineering work to city officials and employees. Council may regulate the manner, number and method of making questions under this paragraph.

(3) Conducting, supervising or directing surveys relating to city property and improvements authorized by law or as directed by council.

(4) Preparing a topographical survey of the city or a general plan of city streets, marking the lines of streets, including streets already opened and streets intended to be opened for public use, as council may deem necessary.

(5) Surveying, making a draft or plan of and laying out new or proposed streets, as council may deem necessary.

(6) Reporting a grade for any proposed or new streets, as council may deem necessary.

(7) Making reports, as deemed expedient by the city engineer or as council shall direct, of the surveys and plans of city streets in convenient locations without awaiting the completion of the entire survey.

(8) Keeping and maintaining books and records and providing for certified copies of books and records, as provided by council or required by law.
11 Pa.C.S. § 12007 — PA Code / Title 11 / Chapter 120 / Section 12007
Supervision by mayor.
Status: in_force

The chief of police shall obey the orders of the mayor and make report to the mayor, which shall be presented monthly by the mayor to council.
11 Pa.C.S. § 11802 — PA Code / Title 11 / Chapter 118 / Section 11802
Powers and duties of chief fiscal officer.
Status: in_force

(a) Appointment.--Council shall appoint a chief fiscal officer. In filling the position of chief fiscal officer, council may appoint the director of the department of accounts and finance or the city administrator if one is an individual appointed under Chapter 111 (relating to the executive department) or 112A (relating to city administrator).

(b) Bond.--The chief fiscal officer shall furnish a bond in accordance with section 10907 (relating to surety bonds, insurance and premiums).

(c) Powers.--

(1) The chief fiscal officer may administer oaths and affirmations pertaining to the authentication of an account with the city or a claim by or demand against the city.

(2) The chief fiscal officer may not receive any additional compensation for the administration or oath and affirmations under paragraph (1). (Mar. 28, 2024, P.L.9, No.3, eff. 60 days) 2024 Amendment. Act 3 amended subsec. (a).
11 Pa.C.S. § 10207 — PA Code / Title 11 / Chapter 102 / Section 10207
Letters patent and boundaries.
Status: in_force

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........................."
11 Pa.C.S. § 12408 — PA Code / Title 11 / Chapter 124 / Section 12408
Marketplaces.
Status: in_force

Council may:

(1) Purchase, lease and own ground for marketplaces.

(2) Erect, maintain and establish marketplaces.

(3) Provide for and enforce suitable general market regulations.

(4) Contract with any person for the erection and regulation of marketplaces on terms and conditions and in the manner as council may prescribe.

(5) Levy and collect a license fee from every person who may be authorized by council to occupy any portion of the streets, sidewalks or city property for temporary market purposes.
11 Pa.C.S. § 112A05 — PA Code / Title 11 / Chapter 1 / Section 112A05
Powers and duties.
Status: in_force

(a) Powers and duties generally.--Council may, by ordinance, vest in the city administrator powers and duties relating to

the general management of city business and to the enforcement of city ordinances and regulations. Nothing in this section shall be construed to diminish the powers granted to other city officers by law.

(b) Specific powers.--The powers and duties conferred upon a city administrator by council may include the following:

(1) Appointment as chief administrative officer of the city, responsible to council for the proper and efficient administration of the affairs of the city.

(2) Directing and supervising the administration of all departments and functions of the city, except as otherwise provided by law.

(3) Except as otherwise provided by this chapter, appointing city employees on the basis of merit system principles and suspending, removing or otherwise disciplining employees, in accordance with the following:

(i) The city administrator may make recommendations to council concerning appointments or removals at the department-head level.

(ii) Before taking any action with regard to appointments or removals at the department-head level, the city administrator shall confer with council.

(iii) Council shall confirm appointments or removals at the department-head level.

(4) If the city administrator is an individual, designating a qualified administrative officer of the city to perform the city administrator's duties during the city administrator's temporary absence or disability. In the event the city administrator fails or is unable to make the designation or if the city administrator's absence or disability continues more than 30 days, council may, by resolution, appoint an officer of the city to perform the duties of the city administrator during the city administrator's absence or disability until the city administrator is able to return to work.

(5) Negotiating contracts for the city, subject to the approval of council, making recommendations concerning the nature and location of municipal improvements and executing municipal improvements as determined by council.

(6) Ensuring that all terms and conditions imposed in favor of the city or its residents in any law, franchise or contract are faithfully kept and performed and, upon knowledge of any violation, informing council.

(7) Attending all meetings of council and participating in discussions with council. Nothing in this paragraph shall be construed to permit the city administrator to vote with council.

(8) Recommending the adoption of measures to council as the city administrator may deem necessary or expedient, keeping council advised of the financial condition of the city and making reports to council as requested by council.

(9) Investigating, at any time, the affairs of any officer or department of the city that is under the city administrator's jurisdiction.

(10) Preparing and submitting the annual city budget for review and approval by council. The recommended budget and an enabling ordinance shall be submitted to council for its review not later than the last stated meeting in November of each year. The city administrator may include an explanatory comment or statement of the recommended budget. The recommended budget shall be in a form as required by law for city budgets and shall contain information explaining

the various items of expenditure and revenue as may be required by council.

(11) Performing other duties as may be designated by council by ordinance. (Mar. 28, 2024, P.L.9, No.3, eff. 60 days) 2024 Amendment. Act 3 amended subsec. (b)(4).
11 Pa.C.S. § 12435 — PA Code / Title 11 / Chapter 124 / Section 12435
Local self-government.
Status: in_force

Council shall have the power to enact, make, adopt, modify, repeal and enforce, in accordance with this part, ordinances, resolutions, rules and regulations not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth that are either of the following:

(1) Expedient or necessary for the proper management, care and control of the city and its finances and the maintenance of the peace, good government, safety and welfare of the city and its trade, commerce and manufactures.

(2) Necessary to the exercise of the powers and authority of local self-government in municipal affairs.
11 Pa.C.S. § 12916 — PA Code / Title 11 / Chapter 129 / Section 12916
Ordinances when no petition is presented.
Status: in_force

(a) General rule.--An ordinance shall be enacted for the opening, widening, straightening, extending or vacating of any street without petition of property owners by the affirmative vote of a majority of the whole number of members of council, plus one.

(b) Enactment of ordinance.--The following shall apply prior to the enactment of an ordinance pursuant to subsection (a):

(1) The expiration of 28 days from the date of its introduction.

(2) Prior to the end of the 28-day period in paragraph

(1), copies of the ordinance shall be published in a newspaper of general circulation in the city once a week for three consecutive weeks immediately following the introduction of the ordinance.

(3) In case no newspaper is published in the city, the publication shall be in the same manner in one newspaper published in the county as required by section 10109 (relating to publication of notices).
11 Pa.C.S. § 12105 — PA Code / Title 11 / Chapter 121 / Section 12105
Obstructing fire marshal.
Status: in_force

(a) General rule.--It shall be unlawful for any person to obstruct or prevent or attempt to obstruct or prevent the fire marshal in the discharge of the fire marshal's duties.

(b) Penalties.--Council may, by ordinance, establish the types or grades of the criminal conduct and may establish fines or imprisonment, or both, for the violations. No fine may exceed $1,000 for any single violation, and no imprisonment shall exceed 90 days.
11 Pa.C.S. § 12975 — PA Code / Title 11 / Chapter 129 / Section 12975
Street closings and detours.
Status: in_force

(a) General rule.--The following shall apply to the closing of a street to vehicular traffic:

(1) No street shall be closed to vehicular traffic, except upon order of the department of streets and public improvements or other department of the city having jurisdiction over public streets or, in cases of emergency, when immediate action is necessary to protect public safety, by order of the mayor, the police or the fire marshal.

(2) A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued.

(3) Except in cases of emergency, when immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the street has been designated as a detour by the Department of Transportation, unless the Secretary of Transportation has provided written

consent or council has, by resolution duly recorded on its minutes, declared the closing necessary for the safety of the public.

(4) When any street which forms a part or section of a State highway or has been designated as a detour by the Department of Transportation is closed to vehicular traffic, the city shall at once notify the Department of Transportation of the creation of a detour under this section. The Department of Transportation shall be notified immediately after the detour is removed.

(5) When any street is to be closed, it shall be the duty of the official or department that authorized the closing to designate a detour.

(6) While the detour is in use, legible signs shall be erected and maintained at reasonable intervals, indicating the proper direction and the detour shall be maintained in safe and passable condition.

(7) When the street that had been closed is opened for traffic, all detour signs shall be removed.

(b) Agreements with owners of private land.--A city may enter into an agreement with the owners of private lands covering the acquisition of right-of-way privileges for a detour over private property for the period when a street shall be closed to traffic. If the parties cannot reach an agreement, the city may proceed with the construction of the detour, with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the city.

(c) Payment.--In the exercise of the rights conferred by this section relating to detours, council is empowered to pay for the necessary maintenance, subsequent repair and land rental out of money available for the construction and maintenance of city streets.

(d) Penalty.--Any individual who willfully removes, defaces, destroys or disregards any barricade, light, danger sign, detour sign, signal or warning of any other type legally erected or placed or who drives on, over or across any street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 11018.16 (relating to enforcement of ordinances, recovery and payment of fines and penalties).

(e) Fine for multiple offenses.--In addition to subsection

(d), a person shall pay a fine of not less than $500 or more than the maximum fine authorized in section 11018.17 (relating to penalty) for the second or any subsequent offense.

(f) Costs of prosecution.--An individual punished under subsection (d) or (e) shall pay the costs of prosecution together with the value of the property so removed, defaced or destroyed.

(g) Exception.--An individual who has no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the city without being subject to the penalties imposed by this section.

(h) Collection of fines.--All fines collected under the provisions of this section shall be paid over to the city treasurer.

(i) Civil damages.--In addition to the penalties provided in subsections (d) and (e), the city, its agents or contractors may, in an action at law, recover damages from any person who damages a street when it is closed to vehicular traffic.
11 Pa.C.S. § 14702 — PA Code / Title 11 / Chapter 147 / Section 14702
Construction of part.
Status: in_force

Nothing contained in this part shall be construed to repeal:

(1) The provisions of the act of May 23, 1945 (P.L.903, No.362), entitled "An act authorizing cities of the third class to establish an optional retirement system for officers and employes independently of any pension system or systems existing in such cities."

(2) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(3) The provisions of 45 Pa.C.S. (relating to legal notices).

(4) The provisions of 65 Pa.C.S. (relating to public officers).

(5) The provisions of 66 Pa.C.S. Pt. I (relating to public utility code).

(6) The provisions of 74 Pa.C.S. Ch. 59 Subch. B (relating to airport zoning).

(7) Any local or special laws.

(8) Any law relating to the Navigation Commission for the Delaware River and its Navigable Tributaries.

(9) The provisions of any law, the enforcement of which is vested in the Department of Health or the Department of Environmental Protection.

(10) The provisions of any law, the enforcement of which is vested in the Department of Conservation and Natural Resources.

(11) Any laws or parts of laws pertaining to civil defense.

(12) A supplement to any act under this section.
11 Pa.C.S. § 10916 — PA Code / Title 11 / Chapter 109 / Section 10916
Pennsylvania Municipal League and other municipal affairs organizations.
Status: in_force

(a) Unification.--A city may:

(1) unite with:

(i) one or more cities;

(ii) cities of two or more classes; and

(iii) one or more municipalities;

(2) form and organize a league of cities and municipalities; and

(3) hold annual conventions for the study and consideration of municipal affairs of concern that pertain to the cities and municipalities comprising the league.

(b) Delegates.--A city that is a member of the league may do the following:

(1) Send delegates to the league.

(2) Pay the necessary expenses, including:

(i) Incidental expenses to attend the annual convention.

(ii) Dues to the league.

(iii) Appropriate money to join and participate in any of the various business and training programs of the league designed to address municipal needs in a cost-efficient manner.

(3) Provide a fund for the necessary costs and expenses of the league and league conventions.

(c) Accounting.--Each delegate shall submit to the city controller for approval an itemized account of the delegate's expenses to be paid under the authority of this section.

(d) Appropriation.--Council is authorized to appropriate money for support of and participation in other organizations at the national and State level concerned with municipal affairs.
11 Pa.C.S. § 12425 — PA Code / Title 11 / Chapter 124 / Section 12425
Bathing, recreational swimming establishments and boathouses and bathhouses.
Status: in_force

To the extent permitted by the act of June 23, 1931 (P.L.899, No.299), known as the Public Bathing Law, council may regulate the time and place of bathing in rivers and other public water in and adjoining the city and may construct, maintain and manage municipal boathouses, bathhouses and recreational swimming establishments.
11 Pa.C.S. § 11813 — PA Code / Title 11 / Chapter 118 / Section 11813
Committee to prepare uniform forms.
Status: in_force

(a) General rule.--The uniform financial report forms under this chapter shall be prepared by a committee consisting of four representatives of the Pennsylvania Municipal League and the Secretary of Community and Economic Development, or the secretary's agent or designee who shall be an individual trained in the field of municipal finance.

(b) Appointment.--The representatives shall be appointed by the president of the Pennsylvania Municipal League within 60 days of notification by the Secretary of Community and Economic Development or the secretary's agent or designee that the committee will convene. The representatives shall be chosen from among chief fiscal officers of cities or other officers of cities who have knowledge of fiscal procedures and shall be chosen to represent cities in the various population groups. The president of the Pennsylvania Municipal League and other designated participants shall supply to the Secretary of Community and Economic Development the names and addresses of the representatives immediately upon their appointment.

(c) Compensation and meetings.--The representatives shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Community and Economic Development, or the secretary's agent or designee, who shall serve as chairperson of the committee.

(d) Duty of secretary.--It shall be the duty of the Secretary of Community and Economic Development, or the secretary's agent or designee, to ensure the forms required by this chapter are prepared in cooperation with the committee. In the event that the committee should for any reason fail to furnish the cooperation, the Secretary of Community and Economic

Development, or the secretary's agent or designee, shall complete the preparation of the forms. After their preparation, the Secretary of Community and Economic Development, or the secretary's agent or designee, shall issue the forms and distribute them annually, as needed, to the designated officers of each city.

(e) Change or alteration.--No change or alteration in the forms prescribed shall be made by the Secretary of Community and Economic Development or the secretary's agent or designee, except by a majority approval of the committee, unless upon reasonable notice two or more representatives of the committee fail to attend the committee meetings. In voting upon any change or alteration, each representative and the chairperson of the committee shall have one vote. Special Provisions in Appendix. See section 3(3)(iv) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 11813 is referred to in section 11812 of this title.
11 Pa.C.S. § 10206 — PA Code / Title 11 / Chapter 102 / Section 10206
Vote against incorporating as city.
Status: in_force

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.
11 Pa.C.S. § 12404 — PA Code / Title 11 / Chapter 124 / Section 12404
Creation of reserve funds.
Status: in_force

(a) Capital reserve fund.--

(1) Council may create and maintain a separate capital reserve fund for any anticipated capital expenses, which shall be designated for a specific purpose or purposes when created. The money in the fund shall be used for no other purpose unless council declares that conditions in the city make other expenses more urgent than those for which the fund was created.

(2) Council may appropriate money from the general city fund to be paid into the capital reserve fund or place in the fund any money received from the sale, lease or other disposition of any property of the city or from any other source.

(b) Operating reserve fund.--With regard to an operating reserve fund, the following shall apply:

(1) Council shall have the power to create and maintain a separate operating reserve fund in order to:

(i) minimize future revenue shortfalls and deficits;

(ii) provide greater continuity and predictability in the funding of vital government services;

(iii) minimize the need to increase taxes to balance the budget in times of fiscal distress; and

(iv) provide the capacity to undertake long-range financial planning and to develop fiscal resources to meet long-term needs.

(2) Council may annually make appropriations from the general city fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed 25% of the estimated revenues of the city's general fund in the current fiscal year.

(3) Council may, at any time by resolution, make appropriations from the operating reserve fund for the following purposes only:

(i) to address emergencies involving the health, safety or welfare of the residents of the city;

(ii) to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from any source;

(iii) to counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services; or

(iv) to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if, for each project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.

(c) Investment and administration.--The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of this part relating to the investment of city funds generally.
11 Pa.C.S. § 13201 — PA Code / Title 11 / Chapter 132 / Section 13201
Construction of sanitary sewers, cost and eminent domain.
Status: in_force

(a) General rule.--A city shall have the power to construct and reconstruct, or cause to be constructed or reconstructed, in its streets and over and across public and private lands or property, sanitary sewers of all kinds, main or local, with extensions and with lateral and branch sewers, including house connections to the curb.

(b) Cost.--The cost and expense of construction and reconstruction in accordance with subsection (a) may be paid out of the general revenues or special money raised for that purpose or assessed, in whole or in part, upon property benefited, improved or accommodated, as provided for in Chapter 145A (relating to assessments for public improvements).

(c) Eminent domain.--The city shall have the right of eminent domain to effectuate the purposes of this section. The damages for property taken, injured or destroyed shall be ascertained and paid as provided in 26 Pa.C.S. (relating to eminent domain). Cross References. Section 13201 is referred to in section 13201.1 of this title.
11 Pa.C.S. § 5 — PA Code / Title 11 / Chapter 5 / Section 5
Classification.
Status: in_force

All classifications under the act of June 25, 1895 (P.L.275, No.188), referred to as the City Classification Law, designated prior to the effective date of section 3(2) of this act shall remain in effect until a certification is made by the Governor according to the provisions of 11 Pa.C.S. Ch. 2. Explanatory Note. Act 136 amended or added Part I heading and Chapters 1 and 2 of Title 11.
11 Pa.C.S. § 11505 — PA Code / Title 11 / Chapter 115 / Section 11505
Entering upon property for surveys.
Status: in_force

For the purposes of carrying out authorized surveys, laying out streets or other engineering work of the city, the city engineer or other persons engaged in city engineering work may enter upon any property occupied by any person within the city.
11 Pa.C.S. § 12101 — PA Code / Title 11 / Chapter 121 / Section 12101
Organization of fire bureau, maintenance and apparatus.
Status: in_force

With regard to a city fire bureau, council shall have the authority to:

(1) establish and organize a fire bureau by ordinance;

(2) make appropriations for the maintenance of the fire bureau;

(3) promulgate regulations for the governing of the officers and companies belonging to the fire bureau; and

(4) purchase equipment and apparatus for the extinguishment, prevention and investigation of fires and for the public safety.
11 Pa.C.S. § 10703 — PA Code / Title 11 / Chapter 107 / Section 10703
Nominations and elections.
Status: in_force

Each matter relating to a nomination of a candidate and election of a city officer shall be governed by the Pennsylvania Election Code.
11 Pa.C.S. § 14322.1 — PA Code / Title 11 / Chapter 143 / Section 14322.1
Increase of allowances after retirement.
Status: in_force

(a) Recommendation.--A city may, at any time, at its discretion and upon the recommendation of the persons having custody and management of the firefighters pension fund, increase the allowances of individuals receiving allowances of any kind from the fund by reason of and after the termination of the services of any member of the fund.

(b) Uniform scale.--Increases made pursuant to this section shall be in conformity with a uniform scale, which may be based on the cost of living, but the total of the allowances shall not, at any time, exceed one-half of the current salary being paid firefighters of the highest pay grade.
11 Pa.C.S. § 12415 — PA Code / Title 11 / Chapter 124 / Section 12415
Regulation of encroachments.
Status: in_force

In compliance with applicable State laws and city ordinances, council may provide for the regulation of all encroachments in, under or upon sidewalks or other portions of streets in the city.
11 Pa.C.S. § 144A02 — PA Code / Title 11 / Chapter 1 / Section 144A02
Rooms for meetings of veterans.
Status: in_force

Council may provide to a veterans' organization, upon application of the organization, a facility in any public building of the city that is sufficient for periodic meetings of the organization.
11 Pa.C.S. § 10403 — PA Code / Title 11 / Chapter 104 / Section 10403
Appointment of commission.
Status: in_force

(a) Report and recommendation.--If council initiates 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 subsection (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 subsection (a) must be selected from the city at large and may be a resident of a ward which will be affected by the petition. Cross References. Section 10403 is referred to in sections 10401.1, 10403.2 of this title.
11 Pa.C.S. § 11205 — PA Code / Title 11 / Chapter 112 / Section 11205
Supervision of conduct of city officers.
Status: in_force

(a) Supervision.--The mayor shall supervise the conduct of all city officers, examine the grounds of all reasonable complaints against them and cause all of their violations or neglect of duty to be promptly punished or reported for correction as council may direct.

(b) Implementation.--In order to implement the provisions of subsection (a), the mayor may issue subpoenas and compulsory processes, under the mayor's official seal, for the attendance of individuals and the production of documentation. A subpoena shall be enforced in the manner as provided for council under section 11015 (relating to attendance of witnesses and production of books before council or committee of council).
11 Pa.C.S. § 12930 — PA Code / Title 11 / Chapter 129 / Section 12930
Power to grade, pave and macadamize.
Status: in_force

(a) General rule.--A city may grade, pave, macadamize or otherwise improve any street, and the sidewalks of the street when included as a part of the improvement, have them set with curbs and provide for drainage.

(b) Improvement.--A city may provide for the following improvements of any street, in length, in the space between the curb, gutter or cartway and the property line:

(1) An original work or improvement.

(2) A change, repair, renewal or alteration in the street or curb.

(3) Parking spaces.

(4) Shade trees.

(5) Changing, altering, renewing, replanting, pruning or otherwise making improvements in an item listed under paragraph (1), (2), (3) or (4). Cross References. Section 12930 is referred to in section 12931 of this title.
11 Pa.C.S. § 10606 — PA Code / Title 11 / Chapter 106 / Section 10606
Boundary monuments (Repealed).
Status: repealed

2022 Repeal. Section 10606 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.