HOUSE AMENDED
PRIOR PRINTER'S NOS. 895, 2166 PRINTER'S NO. 2255
No. 830 Session of 1997
INTRODUCED BY GREENLEAF, COSTA, HART, SALVATORE AND SCHWARTZ,
APRIL 1, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 9, 1998
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for organization of council, quorum, voting,
5 compensation and eligibility AND FOR SPECIFIC POWERS OF A <--
6 BOROUGH RELATING TO TOWING EQUIPMENT; AND PROVIDING FOR
7 DIFFERENT AND SEPARATE TAX LEVIES.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1001 of the act of February 1, 1966 (1965
11 P.L.1656, No.581), known as The Borough Code, amended October
12 31, 1995 (P.L.346, No.58), is amended to read:
13 Section 1001. Organization of Council; Quorum; Voting;
14 Compensation; Eligibility.--(A) The borough council shall <--
15 organize on the first Monday of January of each even-numbered
16 year, by electing one of their number as president and one of
17 their number as vice-president, who shall hold such offices at
18 the pleasure of the council. If the first Monday is a legal
19 holiday, the meeting and organization shall take place the first
1 day following. Any action taken by any borough council at any
2 time between 12:01 o'clock ante meridian on January 1 of an
3 even-numbered year and the organization of council in that year
4 shall be subject to reconsideration by the new council at any
5 time within ten days after such organization. The council may at
6 the organization meeting elect such other officers as may be
7 provided for by law or ordinance, or as may be deemed necessary
8 for the conduct of affairs of the borough and may transact such
9 other business as may come before the meeting. The president,
10 and during his absence or incapacity the vice-president, shall
11 preside over the meetings of council and perform such other
12 duties as are prescribed by this act or by ordinance. A majority
13 of the membership of council then in office shall constitute a
14 quorum. A member of the council shall not be disqualified from
15 voting on any issue before the council SOLELY because the member <--
16 has previously expressed an opinion on the issue in either an
17 official or unofficial capacity. Councilmen may receive
18 compensation to be fixed by ordinance at any time and from time
19 to time as follows: In boroughs with a population of less than
20 five thousand, a maximum of eighteen hundred seventy-five
21 dollars ($1875) a year; in boroughs with a population of five
22 thousand or more but less than ten thousand, a maximum of two
23 thousand five hundred dollars ($2500) a year; in boroughs with a
24 population of ten thousand or more but less than fifteen
25 thousand, a maximum of three thousand two hundred fifty dollars
26 ($3250) a year; in boroughs with a population of fifteen
27 thousand or more but less than twenty-five thousand, a maximum
28 of four thousand one hundred twenty-five dollars ($4125) a year;
29 in boroughs with a population of twenty-five thousand or more
30 but less than thirty-five thousand, a maximum of four thousand
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1 three hundred seventy-five dollars ($4375) a year; and in
2 boroughs with a population of thirty-five thousand or more, a
3 maximum of five thousand dollars ($5000) a year. Such salaries
4 shall be payable monthly or quarterly for the duties imposed by
5 the provisions of this act.
6 (B) The population shall be determined by the latest <--
7 available official census figures. In no case shall the
8 compensation for any councilman exceed that of the mayor in any
9 given borough: Provided, however, That wherever the mayor's
10 compensation exceeds that authorized by this section for
11 councilmen, the president of council may receive compensation
12 not to exceed that of the office of mayor.
13 SECTION 2. SECTION 1003 OF THE ACT IS AMENDED TO READ: <--
14 SECTION 1003. WHEN THE MAYOR MAY PRESIDE OVER COUNCIL AND
15 VOTE; ATTENDANCE OF MAYOR AT COUNCIL MEETINGS; BREAKING TIE
16 VOTES.--(A) THE MAYOR SHALL PRESIDE OVER THE ORGANIZATION OF
17 THE COUNCIL, UNTIL IT IS ORGANIZED AS PROVIDED IN SECTION 1001,
18 AND HE SHALL BE DEEMED A MEMBER OF COUNCIL AT THE ORGANIZATION
19 MEETING IF HIS MEMBERSHIP BECOMES NECESSARY TO CONSTITUTE A
20 QUORUM, BUT HE SHALL NOT VOTE THEREAT UNLESS HIS VOTE SHALL, FOR
21 ANY REASON WHATSOEVER, BE REQUIRED TO EFFECT THE ORGANIZATION OF
22 COUNCIL, OR TO ELECT ANY OFFICER WHO IS REQUIRED TO BE OR MAY BE
23 ELECTED AT THE ORGANIZATION MEETING. IN CASE OF THE ABSENCE OF
24 THE MAYOR AT THE ORGANIZATION MEETING, ONE OF THE MEMBERS OF
25 COUNCIL, CHOSEN BY THE MEMBERS PRESENT AT THE MEETING, SHALL
26 PRESIDE.
27 (B) THE MAYOR MAY ATTEND ANY OR ALL REGULAR AND SPECIAL
28 MEETINGS OF COUNCIL AND MAY TAKE PART IN THE DISCUSSIONS OF THE
29 COUNCIL ON MATTERS PERTAINING TO BOROUGH AFFAIRS, SUBJECT TO ANY
30 RESTRICTIONS APPLICABLE TO COUNCILMEN CONTAINED IN THE RULES OF
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1 ORDER OR BYLAWS OF THE COUNCIL. IN ALL CASES WHERE, BY REASON OF
2 A TIE OR SPLIT VOTE, THE COUNCIL OF ANY BOROUGH SHALL BE UNABLE
3 TO ENACT OR PASS ANY ORDINANCE, RESOLUTION, OR MOTION, OR TO
4 DECLARE OR FILL ANY VACANCY IN ITS MEMBERSHIP, OR IN ANY OTHER
5 BOROUGH OFFICE, OR TO TAKE ANY ACTION ON ANY MATTER LAWFULLY
6 BROUGHT BEFORE IT, THE MAYOR, IF IN ATTENDANCE AT THE MEETING,
7 MAY AT HIS OPTION CAST THE DECIDING VOTE, OR REQUEST THAT THE
8 MATTER BE TABLED UNTIL A SPECIAL MEETING OF COUNCIL TO BE HELD
9 WITHIN NOT LESS THAN FIVE DAYS OR MORE THAN TEN DAYS AT WHICH
10 TIME THE MATTER SHALL BE RECONSIDERED BY COUNCIL AND, IF A TIE
11 OR SPLIT VOTE STILL EXISTS, IT SHALL BE THE DUTY OF THE MAYOR AT
12 THAT TIME TO CAST THE DECIDING VOTE. IF SUCH A TIE OR SPLIT VOTE
13 SHALL OCCUR AT ANY MEETING WHEN THE MAYOR IS NOT IN ATTENDANCE
14 THE MATTER SHALL BE TABLED TO A SPECIAL MEETING TO BE HELD
15 WITHIN NOT LESS THAN FIVE DAYS OR MORE THAN TEN DAYS AS SET BY
16 THE PRESIDENT OF COUNCIL, AND THE MAYOR SHALL BE GIVEN AT LEAST
17 FIVE DAYS' NOTICE OF SUCH MEETING, AT WHICH MEETING IT SHALL BE
18 THE DUTY OF THE MAYOR TO CAST THE TIE-BREAKING VOTE. A MAYOR
19 SHALL NOT BE DISQUALIFIED FROM CASTING THE TIE-BREAKING VOTE ON
20 ANY ISSUE BEFORE THE COUNCIL BECAUSE THE MAYOR HAS PREVIOUSLY
21 EXPRESSED AN OPINION ON THE ISSUE IN EITHER AN OFFICIAL OR
22 UNOFFICIAL CAPACITY.
23 SECTION 3. SECTION 1202(51) OF THE ACT IS AMENDED TO READ: <--
24 SECTION 1202. SPECIFIC POWERS.--THE POWERS OF THE BOROUGH
25 SHALL BE VESTED IN THE CORPORATE AUTHORITIES. AMONG THE SPECIFIC
26 POWERS OF THE BOROUGH SHALL BE THE FOLLOWING, AND IN THE
27 EXERCISE OF ANY OF SUCH POWERS INVOLVING THE ENACTMENT OF ANY
28 ORDINANCE OR THE MAKING OF ANY REGULATION, RESTRICTION OR
29 PROHIBITION, THE BOROUGH MAY PROVIDE FOR THE ENFORCEMENT THEREOF
30 AND MAY PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF OR FOR THE
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1 FAILURE TO CONFORM THERETO:
2 * * *
3 (51) TOWING EQUIPMENT. TO PURCHASE VEHICLES AND OTHER
4 EQUIPMENT NECESSARY FOR THE TOWING OF MOTOR VEHICLES, TRACTORS,
5 AND OTHER VEHICLES FROM ROADS, STREETS, AND PUBLIC PROPERTY OF
6 THE BOROUGH AND TO IMPOSE FEES THEREFOR WHENEVER SUCH TOWING
7 EQUIPMENT IS USED FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES AND
8 OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC
9 PROPERTY OF THE BOROUGH AND/OR TO AUTHORIZE OR CONTRACT WITH ONE
10 OR MORE COMMERCIAL TOWERS AS THE OFFICIAL TOWERS FOR THE BOROUGH
11 FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS AND OTHER
12 VEHICLES FROM HIGHWAYS, ROADS, STREETS AND PUBLIC PROPERTY OF
13 THE BOROUGH AND TO IMPOSE FEES IN THE SAME MANNER AS HEREBY
14 AUTHORIZED WHEN THE TOWING IS PERFORMED WITH BOROUGH VEHICLES
15 AND EQUIPMENT. THIS CLAUSE SHALL APPLY ONLY WHEN THE BOROUGH IS
16 REQUESTING A VEHICLE TO BE TOWED. IN ALL OTHER CASES, THE OWNER
17 OR OPERATOR OF A VEHICLE SHALL BE PERMITTED TO SELECT AND PAY
18 FOR THE TOWER.
19 * * *
20 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
21 SECTION 1302.1. DIFFERENT AND SEPARATE TAX LEVIES.--(A) A
22 BOROUGH MAY IN ANY YEAR LEVY SEPARATE AND DIFFERENT RATES OF
23 TAXATION FOR MUNICIPAL PURPOSES ON ALL REAL ESTATE CLASSIFIED AS
24 NONFARMLAND, EXCLUSIVE OF THE BUILDINGS THEREON, AND ON ALL REAL
25 ESTATE CLASSIFIED AS EITHER BUILDINGS ON LAND OR FARMLAND. WHEN
26 REAL ESTATE TAX RATES ARE SO LEVIED:
27 (1) THE RATES SHALL BE DETERMINED BY THE REQUIREMENTS OF THE
28 BOROUGH BUDGET.
29 (2) A HIGHER RATE MAY BE LEVIED ON REAL ESTATE CLASSIFIED AS
30 NONFARMLAND THAN ON REAL ESTATE CLASSIFIED AS EITHER BUILDINGS
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1 ON LAND OR FARMLAND IF THE RESPECTIVE RATES ON NONFARMLAND AND
2 ON BUILDINGS OR FARMLAND ARE SO FIXED AS NOT TO CONSTITUTE A
3 GREATER LEVY IN THE AGGREGATE THAN THE LEVY TO RESULT FROM THE
4 MAXIMUM RATE ALLOWED BY LAW ON ALL REAL ESTATE.
5 (3) THE RATES SHALL BE UNIFORM AS TO ALL REAL ESTATE WITHIN
6 THE CLASSIFICATION.
7 (B) FOR PURPOSES OF THIS SECTION:
8 (1) "FARMLAND" SHALL INCLUDE ANY TRACT OF LAND THAT IS
9 ACTIVELY DEVOTED TO AGRICULTURAL USE, INCLUDING, BUT NOT LIMITED
10 TO, THE COMMERCIAL PRODUCTION OF "CROPS, LIVESTOCK AND LIVESTOCK
11 PRODUCTS" AS DEFINED IN SECTION 3 OF THE ACT OF JUNE 30, 1981
12 (P.L.128, NO.43), KNOWN AS THE "AGRICULTURAL AREA SECURITY LAW."
13 (2) "NONFARMLAND" SHALL INCLUDE ANY TRACT OF LAND THAT IS
14 NOT FARMLAND.
15 (C) THE PROVISIONS OF THIS SECTION ARE NONSEVERABLE. IF ANY
16 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
17 CIRCUMSTANCE IS HELD INVALID, THE REMAINING PROVISIONS OR
18 APPLICATIONS OF THIS ACT ARE VOID.
19 Section 2 3 5. This act shall take effect immediately. <--
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