PRINTER'S NO. 786
No. 701 Session of 2007
INTRODUCED BY ROSS, MILLARD, THOMAS, BELFANTI, BOYD, BROOKS,
CALTAGIRONE, CAPPELLI, CLYMER, COX, CREIGHTON, DENLINGER,
EVERETT, FRANKEL, GEIST, GINGRICH, GRELL, HENNESSEY, HERSHEY,
HESS, HICKERNELL, KAUFFMAN, KORTZ, KOTIK, McILHATTAN, NICKOL,
PALLONE, PEIFER, PICKETT, PYLE, RAPP, REICHLEY, RUBLEY,
SCHRODER, SEIP, SONNEY, STABACK, YOUNGBLOOD AND J. WHITE,
MARCH 9, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 9, 2007
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further providing for sales of personal property.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1917 of the act of June 23, 1931
8 (P.L.932, No.317), known as The Third Class City Code, reenacted
9 and amended June 28, 1951 (P.L.662, No.164) and amended July 11,
10 1996 (P.L.647, No.109), is amended to read:
11 Section 1917. Sales of Personal Property.--No city personal
12 property shall be disposed of by sale or otherwise except upon
13 approval of council by ordinance or resolution. In cases where
14 council shall approve a sale of city personal property, it shall
15 estimate the sale value of the entire lot to be disposed of. If
16 council shall estimate such sale value to be less than one
1 thousand dollars, it shall require a notice of the proposed sale
2 to be posted for at least ten days on the bulletin board in the
3 city hall, describing and itemizing the property to be sold and
4 directing that bids may be made thereon at the office of the
5 city clerk. Thereafter, council may sell such property, in whole
6 or in part, for the best price or prices obtainable. If council
7 shall estimate the sale value to be one thousand dollars or
8 more, the entire lot shall be advertised for sale once in at
9 least one newspaper, in accordance with the provisions of
10 section one hundred nine of this act, and sale of the property
11 so advertised shall be made to the best responsible bidder; and
12 the bids shall not be opened until at least ten days after the
13 said advertisement. Council may sell any such property at
14 auction, but the provisions as to notice contained in this
15 section shall be likewise observed as to the holding of such
16 auction sales. An auction may be conducted by means of an online
17 or electronic auction sale. During an electronic auction sale,
18 bids shall be accepted electronically at the time and in the
19 manner designated in the advertisement. During the electronic
20 auction, each bidder shall have the capability to view the
21 bidder's bid rank or the high bid price. Bidders may increase
22 their bid prices during the electronic auction. The record of
23 the electronic auction shall be accessible for public
24 inspection. The purchase price shall be paid by the high bidder
25 immediately or at a reasonable time after the conclusion of the
26 electronic auction as determined by council. In the event that
27 shipping costs are incurred, they shall be paid by the high
28 bidder. A city that has complied with the advertising
29 requirements of this section may provide additional public
30 notice of the sale by bids or auction in any manner deemed
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1 appropriate by council. The advertisement for electronic auction
2 sales authorized in this section shall include the Internet
3 address or means of accessing the electronic auction and the
4 date, time and duration of the electronic auction. The
5 provisions of this section shall not be mandatory where city
6 personal property is to be traded-in or exchanged for new city
7 personal property.
8 Section 2. This act shall take effect immediately.
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