reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 101 - Preliminary Provisions › Section 10102 - Definitions

§ 10102. Definitions.
The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Bill."
A proposed ordinance introduced in council.
"City."
A city of the third class.
"Council."
A council of a city.
"Highway."
A State highway of the Commonwealth.
"Home Rule Charter and Optional Plans Law."
The provisions of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government) and, where applicable, the former act of April 13, 1972 (P.L.184, No.62), known as the Home Rule Charter and Optional Plans Law.
"Municipal authority"
or
"municipality authority."
A body politic and corporate created under any of the following:
(1) 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
(2) The former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945.
(3) The former act of June 28, 1935 (P.L.463, No.191), known as the Municipality Authorities Act of one thousand nine hundred and thirty-five.
"Municipal Claim and Tax Lien Law."
The act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law.
"Municipal corporation."
A city, borough, incorporated town or township.
"Municipalities Planning Code."
The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.
"Municipality."
A county, city, borough, incorporated town or township.
"Newspaper of general circulation."
As defined in 45 Pa.C.S. § 101 (relating to definitions).
"Pennsylvania Construction Code Act."
The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.
"Pennsylvania Election Code."
The act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
"Street."
Any of the following:
(1) A street, avenue, boulevard, parkway, road, lane, court, alley or public square within a city.
(2) A highway within a city to the extent that the city is legally responsible for it pursuant to agreement or by other means.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 101 - Preliminary Provisions › Section 10103 - Excluded provisions

§ 10103. Excluded provisions.
This part shall not be construed to repeal an act relating to:
(1) The collection of municipal and tax claims by lien.
(2) The method of incurring and increasing city indebtedness.
(3) The conduct of an election.
(4) A public school, except for the collection of a school tax by the city treasurer.
(5) (Reserved).
(6) A constable.
(7) The provision of municipal consent to a public utility.
(8) A weight and measure.
(9) A validation of an election, bond, ordinance and act of a corporate officer.
(10) A joint city and county building.
(11) A library.
(12) A highway.
(13) A joint or several authority or duty which applies to a city and to other classes of political subdivisions by virtue of general acts of Assembly.
Cross References. Section 10103 is referred to in section 14701 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 101 - Preliminary Provisions › Section 10104 - Construction of part

§ 10104. Construction of part.
(a) Existing law.--
(1) The provisions of this part that are the same as the provisions of existing laws are intended as a continuation of the existing laws and not as new 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 101 - Preliminary Provisions › Section 10105 - Constitutional construction

§ 10105. Constitutional construction.
The provisions of this part are severable. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 101 - Preliminary Provisions › Section 10109 - Publication of notices

§ 10109. Publication of notices.
(a) General newspaper.--
(1) If advertisement, notice or publication is required to be published in a newspaper under this part, the publication must be made one time, unless the provision requiring publication specifies other times, in at least one newspaper of general circulation published in the city. If a newspaper of general circulation published in the city does not exist, publication must be made in a newspaper of general circulation in the city.
(2) If notice is required to be published in more than one newspaper, it must be published in at least one newspaper of general circulation published in the city. If a newspaper of general circulation published in the city does not exist, publication must be made in a newspaper of general circulation in the city.
(b) Legal newspaper.--
(1) Except as provided under paragraph (2) and in addition to the requirements of subsection (a), if a notice relates to a proceeding or matter in a court, the holding of an election for the increase of indebtedness or the issue and sale of bonds to be financed by taxation, the notice must be published in the legal newspaper designated by the rules of court of the proper county for the publication of legal notices and advertisements, unless publication is not required by special order of court.
(2) An ordinance, auditor's statement, summary of an auditor's statement, advertisement inviting a proposal for public contract and for bid for material and supplies or a list of delinquent taxpayers shall be published only in newspapers of general circulation.
Cross References. Section 10109 is referred to in sections 11809, 11810, 11812, 11901.1, 12402.1, 12916, 12919 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10200 - Definitions

§ 10200. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Incorporation resolution."
A resolution to submit at a general or municipal election a referendum question to the registered voters of a municipal corporation.
"Municipal corporation."
A borough, a township of the first class, a township of the second class or an incorporated town.
"Referendum question."
The question of whether a municipal corporation shall become incorporated as a city of the third class to be known as the "City of ........................."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10201 - Creation of cities

§ 10201. Creation of cities.
A city shall be chartered as follows:
(1) A single municipal corporation having a population of at least 10,000 according to the last preceding United States census may be incorporated as a city in accordance with this chapter if a majority of the registered voters in the municipal corporation cast an affirmative vote in favor of the referendum question.
(2) Two or more contiguous municipal corporations having a combined population of at least 10,000 according to the last preceding United States census may, under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger), incorporate as a city and determine whether the newly incorporated city shall be governed by this part and other general laws applicable to and governing cities.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10203.1 - Incorporating resolution

§ 10203.1. Incorporating resolution.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10204 - Resolution certification and form

§ 10204. Resolution certification and form.
The governing body of a municipal corporation that adopts an incorporation resolution shall certify the incorporation resolution to the county board of elections of each proper county. The county board of elections shall, at the general or municipal election in the manner required by the Pennsylvania Election Code, submit a referendum question to the registered voters of the municipal corporation that has certified an incorporation resolution.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10204.1 - Notice of election

§ 10204.1. Notice of election.
Notice of the election at which registered voters of a municipal corporation will be voting on a referendum question shall be given by the secretary or other person designated by the municipal corporation. The notice required under this section shall be published once a week for four successive weeks in a newspaper of general circulation in the municipal corporation in which the referendum question will be submitted to the registered voters.
Cross References. Section 10204.1 is referred to in sections 10206, 10207 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10205 - Returns of election

§ 10205. Returns of election.
In each county in which a referendum question is submitted to the registered voters of a municipal corporation, the county board of elections shall return the vote cast on the referendum question to the following:
(1) The clerk of the court for the county.
(2) The governing body of the municipal corporation in which registered voters voted on a referendum question.
(3) If a majority of the votes cast by the registered voters of the municipal corporation are in favor of incorporating as a city, the Secretary of the Commonwealth and the Department of Community and Economic Development.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10206 - Vote against incorporating as city

§ 10206. Vote against incorporating as city.
If the returns of an election under section 10204.1 (relating to notice of election) show that a majority of registered voters in a municipal corporation voted "no" on the referendum question, further proceedings may not occur, and another election on the referendum question may not be held in the municipal corporation until the third ensuing general or municipal election.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10207 - Letters patent and boundaries

§ 10207. Letters patent and boundaries.
If the returns of an election under section 10204.1 (relating to notice of election) show that a majority of registered voters in a municipal corporation voted "yes" on the referendum question, within 60 days after the election, the governing body of the municipal corporation shall furnish to the Secretary of the Commonwealth the necessary information with respect to the boundaries of the new city, and the Governor shall issue letters patent, under the Great Seal of the Commonwealth, reciting the facts, defining the boundaries of the city and constituting the city as a body corporate and politic by the name of the "City of........................."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10208 - Property of entities vested in city

§ 10208. Property of entities vested in city.
The property and estates of the municipal corporations which have become a city in accordance with this chapter are severally and respectively vested in the corporation or body politic of the city for the use and benefit of the citizens of the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10209 - Temporary preservation and city organization

§ 10209. Temporary preservation and city organization.
(a) Existing government.--
The government of the municipal corporation shall continue in full force and operation until the first Monday of January next succeeding the municipal election under section 10702 (relating to first elections in newly created cities). On the first Monday of January next succeeding the municipal election under section 10702, the officers of the city chosen at the municipal election shall begin their terms of service, and the city government shall be organized under this part.
(b) Service.--
If, in the organization of the city government of a newly incorporated city, an individual is appointed by council to an office which, under this part, has a definite term and a definite time for the election of an individual to the office, the individual appointed shall serve only for the time intervening between the individual's appointment and the day set under this part for the regular election or appointment of the officer for a full term.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 102 - Procedures for Incorporation › Section 10210 - Existing liabilities, debts and claims

§ 10210. Existing liabilities, debts and claims.
If a municipal corporation is incorporated as a city in accordance with this part, the following shall apply:
(1) Each suit, prosecution, debt and claim shall be transferred to the newly incorporated city.
(2) Each pending suit involving the municipal corporation shall be under the management and control of the newly incorporated city which shall be substituted as a party in the suit.
(3) Each valid claim and demand existing against the 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 103 - Change of Corporate Title › Section 10301 - Resolution and petition

§ 10301. Resolution and petition.
Council may initiate proceedings to change the corporate title of a city by doing all of the following:
(1) Adopting a resolution proposing to make the change in the corporate title of a city.
(2) Presenting to the court of common pleas of the county in which the city is located a petition, along with a certified copy of the resolution, requesting the change in the corporate title of the city.
Cross References. Section 10301 is referred to in section 10302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 103 - Change of Corporate Title › Section 10302 - Hearing and decree

§ 10302. Hearing and decree.
(a) Date and publication.--
Upon presentation to the court of the petition and resolution under section 10301 (relating to resolution and petition), the court shall set a day for a hearing on the question of the change in the corporate title of the city and shall direct that notice of the hearing be published once a week for three weeks in a newspaper of general circulation.
(b) Testimony.--
A court shall permit a resident of the city to give testimony at the hearing in support of or in opposition to the change of the corporate title of the city.
(c) Order.--
A court shall order a change of the corporate title of the city in accordance with the petition and resolution of council or dismiss the petition.
Cross References. Section 10302 is referred to in section 10303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 103 - Change of Corporate Title › Section 10303 - Recording decree

§ 10303. Recording decree.
A change in the corporate title of a city that is ordered in accordance with section 10302(c) (relating to hearing and decree) may not take effect until a certified copy of the decree of court is filed in the office of the Secretary of the Commonwealth and is recorded in the office of the recorder of deeds of the county in which the city is located.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 103 - Change of Corporate Title › Section 10304 - Existing rights and liabilities

§ 10304. Existing rights and liabilities.
A change in the corporate title of a city shall not affect any of the following:
(1) A liability incurred.
(2) A right accrued or vested.
(3) An obligation issued or contracted.
(4) A suit or prosecution pending or instituted to enforce a right or penalty accrued or to punish an offense committed prior to the change.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10401 - General power of council

§ 10401. General power of council.
(a) Power.--
In addition to reapportionment of wards under 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, a council may, with or without a petition as provided under section 10401.1 (relating to petition of registered voters) and subject to approval by the registered voters as provided under section 10407 (relating to voting procedures), create a new ward, divide a ward or wards or detach part of a ward and attach it to another ward, in accordance with this chapter.
(b) Registered voter requirement.--
A new ward must contain at least 300 registered voters according to the last general or municipal election.
(c) Size.--
Each ward in a city shall be numbered and composed of compact and contiguous territory as nearly equal in population as practicable and as officially and finally reported in the most recent Federal decennial or special census.
Cross References. Section 10401 is referred to in sections 10401.1, 10403 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10401.1 - Petition of registered voters

§ 10401.1. Petition of registered voters.
(a) Initiation of proceedings.--
Registered voters may petition council to initiate proceedings under section 10401 (relating to general power of council) to create new wards, divide a ward or wards or detach part of a ward and attach it to another ward as follows:
(1) One hundred registered voters may petition council to create or divide a ward if:
(i) In the case of a petition proposing to create a ward, the petitioners reside in the portion of the city which the petition proposes to create as a ward.
(ii) In the case of a petition proposing to divide a ward, the petitioners reside in the ward which the petition proposes to divide.
(2) Twenty-five registered voters may petition to detach part of one ward and attach the detached part to another ward if the petitioners reside in the part of the ward that is proposed to be detached.
(b) Council.--
Council shall determine, by motion approved by a majority of council and within 90 days of presentment of the petition, whether to initiate proceedings under section 10401. If the motion is in favor of initiating proceedings, council shall appoint a commission in accordance with section 10403 (relating to appointment of commission).
(c) Court of common pleas.--
If council has not approved a motion within 90 days after the presentment of a petition under subsection (a), 10 registered voters may petition the court of common pleas and contest the existing apportionment as violating section 10401. The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).
Cross References. Section 10401.1 is referred to in section 10401 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10403 - Appointment of commission

§ 10403. Appointment of commission.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10403.1 - Expenses of commissioners

§ 10403.1. Expenses of commissioners.
Council must make an appropriation for reasonable expenses incurred by commissioners for service under this chapter. Each commissioner shall submit for approval an itemized account of the commissioner's expenses to the city controller.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10403.2 - Report

§ 10403.2. Report.
(a) Contents.--
(1) The commissioners appointed by council under section 10403(a) (relating to appointment of commission) shall examine the premises and prepare a report which shall include a draft of each ward affected by the proposed creation, division or detachment showing the following:
(i) The division or change or the lines of each ward as affected by the separation and attachment.
(ii) The population contained within each affected ward using figures officially and finally reported in the most recent Federal decennial or special census.
(2) The report under paragraph (1) shall be submitted to 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10404 - Election

§ 10404. Election.
(a) Certification.--
If, based upon the report under section 10403.2 (relating to report), council decides to proceed, council shall certify to the county board of elections the question of the creation, division or detachment of the ward to be submitted to the registered voters of each ward which are the subject of the report at the general or municipal election occurring not less than 90 days after the report was approved by council.
(b) Ballot.--
The county board of elections shall place the question of approving the creation, division or detachment of a ward on the ballot in each ward or parts of a ward that will be affected by the question at the appropriate election in the manner provided under the Pennsylvania Election Code.
Cross References. Section 10404 is referred to in section 10403.2 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10405 - Notice of election and review of report

§ 10405. Notice of election and review of report.
(a) Publication.--
A city must publish a notice of election in a newspaper of general circulation at least 15 days prior to the date that the question of approving the creation, division or detachment of a ward is to be presented at the specified general or municipal election.
(b) Contents.--
An election notice under subsection (a) must contain a statement of the issue to be submitted to the registered voters at the election, including each ward or parts of a ward to be affected and the date on which the election is to be held. The notice shall reference the report and specify that it is available for review and copying as a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10407 - Voting procedures

§ 10407. Voting procedures.
(a) Publication.--
The county board of elections must tabulate and publish the results of the referendum in a newspaper of general circulation within 30 days of the election. A certified copy of the results shall be placed on record with the minutes of council.
(b) Positive vote.--
If a majority voted in favor of creating or dividing a ward or the detachment of a part of a ward to be attached to another ward, council shall proceed to create or divide a ward or detach a part of a ward to be attached to another ward in accordance with the report and shall number the new wards if necessary.
(c) Negative vote.--
If a majority voted against creating or dividing a ward or the detachment of a part of a ward to be attached to another ward, further action may not be taken and a new petition on the same question may not be resubmitted until two years from the date of the election.
Cross References. Section 10407 is referred to in section 10401 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10408 - Change of ward lines by council

§ 10408. Change of ward lines by council.
If council determines during proceedings for the division or creation of a ward that any of the boundaries or divisions are uncertain, council must determine the relocation of the line to conform as nearly as possible to the previously determined boundary lines so that each ward in the city is composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal decennial or special census.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 104 - Creation and Division of Wards › Section 10409 - Pennsylvania Election Code

§ 10409. Pennsylvania Election Code.
Nothing under this chapter shall be construed as affecting the powers and duties of the court of common pleas or the county board of elections and restrictions on alteration of election districts as provided under Article V of the Pennsylvania Election Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10601 - Navigable stream boundaries (Repealed)

§ 10601. Navigable stream boundaries (Repealed).
2022 Repeal.
Section 10601 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10602 - Court establishment of disputed boundaries (Repealed)

§ 10602. Court establishment of disputed boundaries (Repealed).
2022 Repeal.
Section 10602 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10603 - Petition, commissioners and report (Repealed)

§ 10603. Petition, commissioners and report (Repealed).
2022 Repeal.
Section 10603 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10604 - Exceptions and procedure (Repealed)

§ 10604. Exceptions and procedure (Repealed).
2022 Repeal.
Section 10604 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10605 - Pay and expenses of commissioners (Repealed)

§ 10605. Pay and expenses of commissioners (Repealed).
2022 Repeal.
Section 10605 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 106 - City Boundaries › Section 10606 - Boundary monuments (Repealed)

§ 10606. Boundary monuments (Repealed).
2022 Repeal.
Section 10606 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 107 - Elected Officers and Elections › Section 10702 - First elections in newly created cities

§ 10702. First elections in newly created cities.
(a) Election.--
At the first municipal election occurring at least 90 days after the date of the letters patent issued by the Governor incorporating the city, the registered voters of the city shall elect city officials as provided under section 10701(a)(1) (relating to elected officers, term, reelection and vacancy).
(b) Highest votes.--
The two candidates for council receiving the highest number of votes at the election shall serve for terms of four years from the first Monday of January next succeeding the candidate's election.
(c) Next highest votes.--
The two candidates for council receiving the next highest number of votes shall serve for terms of two years from the first Monday of January next succeeding the election.
Cross References. Section 10702 is referred to in sections 10209, 10701 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 107 - Elected Officers and Elections › Section 10704 - Certificates of election

§ 10704. Certificates of election.
After the election of city officers under this chapter, the county board of elections must issue and the officer-elect must procure a certificate of election. The officer-elect must present the certificate of election to council on the date and time provided under law for council's organization. The certificate must be filed with the city archives, and the certificate's presentation must be noted in the minutes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 108 - Vacancies in Office › Section 10801 - Council and office of mayor

§ 10801. Council and office of mayor.
(a) Appointment.--
Within 30 days of a vacancy in the office of mayor or other member of council or if an elected mayor or council member has failed to qualify under section 10701 (relating to elected officers, term, reelection and vacancy) prior to taking office, council must, by a majority of council's remaining members, appoint a qualified individual to fill the vacant office.
(b) President judge.--
If a council does not fill a vacancy within 30 days under subsection (a) or if a vacancy exists in the offices of at least a majority of the members of council, including the position of mayor, the president judge of the court of common pleas having jurisdiction within the city, must fill each vacancy upon either the petition of at least 10 qualified electors of the city or the petition of a majority of the remaining members of council.
(c) Term.--
A individual appointed under subsection (a) or (b) shall serve for the lesser of the following terms:
(1) The remainder of the unexpired term of the office to which the individual is appointed.
(2) Until the first Monday of January after the next municipal election occurring at least 30 days after the vacancy occurred.
(d) Unexpired term.--
If necessary to fill the unexpired term of the individual originally elected to an office that has become vacant, an individual shall be elected at the municipal election referred to under subsection (c)(2) to serve from the first Monday of January after the election for the remainder of the unexpired term.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 108 - Vacancies in Office › Section 10802 - Controller and treasurer

§ 10802. Controller and treasurer.
(a) Appointment.--
Within 30 days after a vacancy occurs in the office of city controller or in the office of city treasurer or if an elected city controller or city treasurer has failed to qualify under section 10701 (relating to elected officers, term, reelection and vacancy) prior to taking office, council must appoint a qualified individual to fill the vacant office.
(b) President judge.--
If a council does not fill a vacancy within 30 days under subsection (a), the president judge of the court of common pleas having jurisdiction within the city must fill the vacancy upon the petition of at least 10 registered voters of the city.
(c) Term.--
An individual appointed under subsection (a) or (b) shall serve for the lesser of the following terms:
(1) For the remainder of the unexpired term of the controller or treasurer whose office has become vacant.
(2) Until the first Monday of January after the next municipal election occurring at least 200 days after the vacancy occurs.
(d) Unexpired term.--
If necessary to fill the unexpired term of the controller or treasurer whose office has become vacant, an individual shall be elected at the municipal election referred to under subsection (c)(2) to serve from the first Monday of January after the election for the remainder of the unexpired term.
(e) Bond.--
If an individual is elected or appointed to fill an office for which a bond is required and if within 14 days of the date the individual is scheduled to take the oath of office at the organizational meeting of council the individual fails to post a bond, the office shall be deemed to be vacant and the resulting vacancy shall be filled as provided under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10901 - Appointment, removal and prohibition

§ 10901. Appointment, removal and prohibition.
(a) Powers and duties.--
Council:
(1) May appoint and dismiss any city officer and employee, except for an elected officer.
(2) Shall provide for the removal of an officer of the city whose office is established by ordinance, except as provided under this chapter.
(b) Elective city office.--
The following shall apply to an individual holding an elective city office:
(1) The individual must be removed from office in accordance with the Constitution of Pennsylvania as follows:
(i) by impeachment;
(ii) by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or
(iii) upon conviction of misbehavior in office or of any infamous crime.
(2) This chapter and other provisions of law requiring a forfeiture of office upon the conviction of a crime shall apply only if the court determines that the conviction is for misbehavior in office or for an infamous crime.
(3) Nothing under this section shall prevent title to an elected city office from being tried by proceedings of quo warranto as provided under law.
(c) Appointed office or position.--
The following shall apply to an individual who is appointed to a city office or position, except for elective offices:
(1) The individual may be removed by the appointing power, except as limited under law or the Constitution of Pennsylvania.
(2) The individual must be removed on conviction of misbehavior in office or of an infamous crime.
(d) Prohibition.--
Except as otherwise provided under law, an individual may not concurrently hold elective city office and be an employee of the same city.
Cross References. Section 10901 is referred to in sections 10902, 10905, 10908, 11209, 11912 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10902 - Number, duties and compensation

§ 10902. Number, duties and compensation.
(a) Prescription.--
Except as otherwise provided under this chapter, council may prescribe, by ordinance, the number, duties and compensation of the officers and employees of the city.
(b) Limitations.--
The following shall apply to compensation paid to an officer or employee of the city:
(1) A payment may not be authorized from the city treasury to an officer or employee of the city unless that officer or employee has been elected or appointed in accordance with law.
(2) Unless previously authorized under law, an ordinance may not give extra compensation to an officer or employee of the city.
(c) Offense.--
An officer drawing or countersigning a document authorizing payment or passing or paying a voucher contrary to this section commits a misdemeanor and shall, upon conviction, be:
(1) subject to forfeiting office in accordance with section 10901(b)(2) (relating to appointment, removal and prohibition); and
(2) sentenced to pay a fine of not more than $5,000 or to imprisonment for not more than one year, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10903 - Salary, compensation and emoluments of officers

§ 10903. Salary, compensation and emoluments of officers.
(a) Prohibition.--
A city may not increase or diminish the salary, compensation or emoluments of an elected officer after the officer's election. A change in salary, compensation or emoluments of an elected office shall take effect at the beginning of the next term of the member of council or other elected official.
(b) Retirement benefits.--
Nothing under subsection (a) shall be construed to limit retirement benefits applicable to each employee and officer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10904 - Offices to be held until qualification of successors

§ 10904. Offices to be held until qualification of successors.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10905 - Oath of office, violation of oath and penalty

§ 10905. Oath of office, violation of oath and penalty.
(a) Oath required.--
Each officer of the city, whether elected or appointed, shall, before entering upon the officer's respective duties, take and subscribe an oath or affirmation of office pursuant to 53 Pa.C.S. § 1141 (relating to form of oaths of office).
(b) Oath as qualification.--
An individual who refuses to take the oath shall be deemed not to have met the qualifications to hold office.
(c) Violation.--
An individual who violates the individual's oath:
(1) commits a misdemeanor; and
(2) upon conviction shall be:
(i) sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both; and
(ii) subject to forfeiting office in accordance with section 10901 (relating to appointment, removal and prohibition).
Cross References. Section 10905 is referred to in sections 10701, 11004, 11202, 12303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10906 - Bond to be given by officers and agents

§ 10906. Bond to be given by officers and agents.
(a) Bond.--
In addition to the requirements for bonding that may be imposed by this chapter or any other law, council may require from each elected or appointed officer and agent of the city a lawful bond with corporate surety for the faithful performance of his or her duties.
(b) Requirement.--
An officer or agent required by law or ordinance to give bond may not be sworn into office or enter upon the duties of office until the bond has been approved by the proper authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10907 - Surety bonds, insurance and premiums

§ 10907. Surety bonds, insurance and premiums.
(a) Bonds.--
Unless otherwise provided by this chapter or any other provision of law, the following shall apply when an elected or appointed officer or employee of a city is required to give a bond:
(1) The bond shall be for the faithful performance of the duties of the elected or appointed officer or employee.
(2) The bond shall be endorsed by a surety or other company that is:
(i) Authorized by law to act as a surety.
(ii) Qualified to do business in this Commonwealth.
(3) The bond of an elected or appointed officer or employee shall be with a corporate surety and not with an individual or personal surety.
(4) The city shall pay the premium on the bond, unless either:
(i) all or a portion of the premium on the bond is to be paid by the Commonwealth or political subdivisions other than the city; or
(ii) provisions are otherwise made in law for payment of the premium on the bond, in which case the city shall pay the unpaid portion of the premium.
(5) The bond shall be approved by the city solicitor.
(6) In addition to any other conditions required by law, the bond shall be in the sum and with conditions as council may direct.
(b) Exception.--
Except as may be otherwise provided in section 11402 (relating to bond, insurance and salary), when an elected or appointed officer or employee of a city is required to give a bond for the faithful performance of the officer's or employee's duties, in lieu of the bond council may:
(1) Purchase one or more blanket bonds for elected or appointed officers or employees.
(2) Purchase insurance provided that the insurance covers the same events of loss and insures the city against the same misconduct as the bond required under this chapter.
(c) Insurance.--
In addition to a bond required by this chapter or insurance in lieu of the bond, council may require insurance in accordance with the following:
(1) A city officer or employee who as part of the officer's or employee's official duties handles money or has money in the officer's or employee's possession may be required to be covered by adequate insurance which provides the types of protection against loss as may be designated by council.
(2) Council may require the insurance to include protection against loss through robbery, burglary or larceny.
(3) The cost of the insurance shall be paid by the city and the amount of the insurance shall be fixed by council.
Cross References. Section 10907 is referred to in sections 11402, 11408, 11701, 11802, 11803 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10908 - Officers not to become surety on bonds given to city and penalty

§ 10908. Officers not to become surety on bonds given to city and penalty.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 109 - City Officers and Employees › Section 10909 - Money and accounts to be delivered by officer to successor

§ 10909. Money and accounts to be delivered by officer to successor.
(a) Delivered.--
All money, accounts, property, documents or effects belonging to the city in the possession of an officer of the city shall be either:
(1) returned to the city upon the officer's termination of office; or
(2) delivered to the officer's qualified successor.
(b) Violation.--
An individual violating the provisions of this section shall be subject to prosecution in accordance with the applicable provisions of 18 Pa.C.S. (relating to crimes and offenses).
(c) Limitation.--
Nothing set forth in this section may limit any other remedies at law or in equity available to the city.