Bill Text: PA SB144 | 2009-2010 | Regular Session | Introduced

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Bill Title: In corporate powers, further providing for real property and for personal property; and, in contracts, further providing for letting contracts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-04 - Re-referred to APPROPRIATIONS [SB144 Detail]

Download: Pennsylvania-2009-SB144-Introduced.html

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PRINTER'S NO. 115
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 144 Session of2009
INTRODUCED BY GORDNER, EICHELBERGER, BAKER, ORIE, O'PAKE, WONDERLING, LOGAN, WOZNIAK, FONTANA, COSTA, M. WHITE, FERLO, EARLL AND WAUGH, JANUARY 30, 2009
REFERRED TO LOCAL GOVERNMENT, JANUARY 30, 2009
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," in corporate powers,
further providing for real property and for personal
property; and, in contracts, further providing for letting
contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1503 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code, reenacted and
amended November 9, 1995 (P.L.350, No.60) and amended May 18,
2004 (P.L.219, No.29) and May 18, 2004 (P.L.226, No.33), is
amended to read:
Section 1503. Real Property.--(a) No real estate owned by
the township having a value in excess of fifteen hundred dollars
($1,500) may be sold 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 township.
The advertisement shall be published once not less than ten days
before the date set for the opening of bids or public auction,
and the date for opening bids or public auction shall be
announced in the advertisement. The award of contracts shall be
made only by public announcement at a regular or special meeting
of the board of supervisors or at the public auction. All bids
shall be accepted on the condition that payment of the purchase
price in full shall be made within sixty days of the acceptance
of bids.
(b) The board of supervisors may reject all bids if the bids
are deemed to be less than the fair market value of the
property. In the case of a public auction, the board of
supervisors may establish a minimum bid based on the fair market
value of the real property.
(c) The requirements of this section do not apply to
conveyances or leases of real property by a township to any of
the following:
(1) A municipal corporation.
(2) The Federal Government.
(3) The Commonwealth.
(4) An institution district.
(5) A school district.
(6) A municipality authority.
(7) A county.
(8) A public utility.
(9) A volunteer fire company.
(10) A nonprofit corporation engaged in community
industrial, commercial or affordable housing development.
(11) A volunteer ambulance service or volunteer rescue squad
located within the township.
(12) A nonprofit corporation organized as a public library.
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(13) A nonprofit medical service corporation.
(14) A nonprofit housing corporation.
(15) A nonprofit organization providing community service or
development activities.
(16) A nonprofit corporation established for the
preservation of historical, architectural or aesthetic sites or
artifacts.
(17) A nonprofit association or nonprofit corporation
organized to acquire and maintain real property for the
preservation, conservation and stewardship of open space.
Such conveyances or leases shall be at the sole discretion of
the township.
(18) A council of government, consortium, cooperative or
other similar entity created pursuant to 53 Pa.C.S. Ch. 23
Subch. A (relating to intergovernmental cooperation).
(d) When real property is sold to a nonprofit corporation
organized as a public library or to a nonprofit medical service
corporation, nonprofit housing corporation, volunteer fire
company, volunteer ambulance service [or], volunteer rescue
squad[,] or a council of government, consortium, cooperative or
other similar entity created pursuant to 53 Pa.C.S. Ch. 23
Subch. A involving one or more of the entities listed in this
subsection, the board of supervisors may elect to accept any
nominal consideration for the property as it believes
appropriate. Real property sold under this subsection is subject
to the condition that when the property is not used for the
purposes of the corporation or volunteer fire company, the
property reverts to the township.
(e) No real estate may be purchased by a township unless the
board of supervisors obtains at least one appraisal on the real
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property in question by a person authorized to perform an
appraisal on the subject property under the act of July 10, 1990
(P.L.404, No.98), known as the "Real Estate Appraisers
Certification Act," and the township supervisors may require
that an environmental impact statement be prepared, indicating
the potential liability of the township for any environmental
problems associated with the real estate to be purchased. The
person making the appraisal shall not be interested directly or
indirectly in any aspect of the sale of the real estate. The
price paid by the board of supervisors for the purchase of the
real estate shall not exceed the price established by the
appraisal: Provided, however, That if more than one appraisal is
obtained, the price paid by the board of supervisors shall not
exceed the average of the appraisals.
(f) When real property has been dedicated, deeded or devised
to a township to be used for a designated purpose and the real
property is accepted and used for that purpose, or the real
property is not used for the purpose designated for a period of
ten years or more, and the township supervisors determine that
it is not possible or not desirable for the best interest of the
township to use the real property for the purpose designated,
the township supervisors, with the prior approval of the court
of common pleas, may by ordinance reconvey to the original
owners or their successors, heirs or assigns, or otherwise
dispose of, the real property free and clear of any public
right.
Section 2. Section 1504 of the act, amended June 23, 2006
(P.L.203, No.49), is amended to read:
Section 1504. Personal Property.--(a) No personal property
of the township shall be sold or disposed of without the
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approval of the board of supervisors. No personal property owned
by the township, the estimated fair market value of which is one
thousand dollars ($1,000) or more, shall be sold except to the
highest bidder after due notice by advertisement for bids or for
public auction in one newspaper of general circulation in the
township. The advertisement shall be published once not less
than ten days before the date set for the opening of bids or
public auction, and the date for opening bids or public auction
shall be announced in the advertisement. The advertisement for
electronic auction sales authorized in subsection (d) shall
include the Internet address or means of accessing the
electronic auction and the date, time and duration of the
electronic auction. If after attempting twice to receive bids or
if at a public auction no bid was received, the board of
supervisors may by resolution adopt a procedure by which the
personal property may be sold without further action of the
board of supervisors. A procedure adopted pursuant to this
authorization shall be subject to and shall conform with the
requirements of any law governing the sale of property by
municipal corporations generally when no bids have been
received. The award of contracts shall be made only by public
announcement at a regular or special meeting of the board of
supervisors or at the public auction. Except as provided in
subsection (d), all bids shall be accepted on the condition that
payment of the purchase price in full is made immediately upon
acceptance of the successful bid. The board of supervisors may
reject any bids received if the bids are believed to be less
than the fair market value of the property.
(b) With respect to personal property, either individual
items or lots of items, the fair market value of which is
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estimated to be less than one thousand dollars ($1,000), the
board of supervisors shall by resolution adopt a procedure by
which the property may be sold without further action by the
board of supervisors. The board of supervisors may arrange for
the sale of the item or items at public auction.
(c) The bidding and advertising requirements of this section
do not apply to the following transactions:
(1) If personal property of the township is being traded in
or exchanged for other personal property.
(2) The sale or lease of personal property to any municipal
corporation, the Federal Government, the Commonwealth or any
institution district, school district, municipality authority,
county, public utility, volunteer fire company, nonprofit
corporation engaged in community industrial development,
volunteer ambulance service or volunteer rescue squad located
within the township, nonprofit corporation organized as a public
library, nonprofit medical service corporation, nonprofit
housing corporation, nonprofit organizations providing community
service or development activities or nonprofit corporation
established for the preservation of historical, architectural or
aesthetical sites or artifacts[.] or a council of government,
consortium, cooperative or other similar entity created pursuant
to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation).
(d) A "public auction" shall include an online or electronic
auction sale. During an electronic auction sale, bids shall be
accepted electronically at the time and in the manner designated
in the advertisement. During the electronic auction, each bidder
shall have the capability to view the bidder's bid rank or the
high bid price. Bidders may increase their bid prices during the
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electronic auction. The record of the electronic auction shall
be accessible for public inspection. 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
the township. In the event that shipping costs are incurred,
they shall be paid by the high bidder.
(e) A township that has complied with the advertising
requirements of subsection (a) may provide additional public
notice of the sale by bids or public auction in any manner
deemed appropriate by the township.
Section 3. Section 3102(h) of the act, amended December 18,
1996 (P.L.1142, No.172) and October 11, 2000 (P.L.535, No.70),
is amended to read:
Section 3102. Letting Contracts.--* * *
(h) The contracts or purchases made by the board of
supervisors involving payments in excess of the required
advertising amount, which do not require advertising, bidding or
price quotations are as follows:
(1) Those made for emergency, or routine maintenance,
repairs or replacements for water, electric light and other
public works of the township if they do not constitute new
additions, extensions or enlargements of existing facilities and
equipment.
(2) Those made for improvements, repairs or maintenance of
any kind made or provided by any township through its own
employes. All contracts or purchases of materials used for
improvement, maintenance or construction in excess of four
thousand dollars ($4,000) but less than the required advertising
amount are subject to the provisions contained in subsection
(b), and those contracts or purchases in excess of the required
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advertising amount are subject to the advertising requirements
contained in subsection (a).
(3) Those involving any policies of insurance or surety
company bonds, those made for public utility service, those made
for electricity, natural gas or telecommunications service
either directly or with an association authorized under Article
XIV in which the township is a member and those made with
another municipal corporation, county, school district or
municipality authority, a council of government, consortium,
cooperative or other similar entity created pursuant to 53
Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation) or Federal or State Government, including the sale,
leasing or loan of any supplies or materials by the Federal or
State Government or their agencies.
(4) Those involving personal or professional services.
(5) Those made for materials and supplies or equipment
rental under emergency conditions under 35 Pa.C.S. Pt. V
(relating to emergency management services).
(6) Those contracts involving equipment rental with
operators if more than fifty percent of the total labor
personnel hours required for the completion of the contract is
supplied by the township through its own employes.
(7) Those contracts for the purchase of repair parts or
materials for use in existing township equipment or facilities
if the item or material to be purchased is the sole item of its
kind on the market or is manufactured as a replacement for the
original item or equipment being repaired.
(8) Those for used equipment, articles, apparatus,
appliances, vehicles or parts thereof being purchased from a
public utility.
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(9) Those where particular types, models or pieces of
equipment, articles, apparatus, appliances, vehicles or parts
thereof which are patented and manufactured products.
* * *
Section 4. This act shall take effect in 60 days.
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