Bill Text: PA HB507 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for suits and property.

Spectrum: Moderate Partisan Bill (Republican 23-4)

Status: (Introduced - Dead) 2009-09-11 - Re-committed to APPROPRIATIONS [HB507 Detail]

Download: Pennsylvania-2009-HB507-Introduced.html

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PRINTER'S NO. 559
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 507 Session of2009
INTRODUCED BY ROSS, MILLARD, BELFANTI, BEYER, BOYD, CLYMER, CREIGHTON, DENLINGER, EVERETT, FLECK, GEIST, GINGRICH, GRELL, HENNESSEY, HESS, HICKERNELL, KILLION, MILNE, O'NEILL, PICKETT, RAPP, SIPTROTH, SONNEY, STABACK, STERN, THOMAS AND VULAKOVICH, FEBRUARY 18, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 18, 2009
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," further providing for suits and property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1501 of the act of June 24, 1931 (P.L.
1206, No.331), known as The First Class Township Code, reenacted
and amended May 27, 1949 (P.L.1955, No.569) and amended December
19, 1997 (P.L.618, No.64), is amended to read:
Section 1501. Suits; Property.--Townships of the first class
may--
I. Sue and be sued.
II. Purchase, acquire by gift, or otherwise, hold, lease,
let and convey, by sale or lease, such real and personal
property as shall be deemed to be to the best interest of the
township: Provided, That no real estate owned by the township
shall be sold for a consideration in excess of one thousand five
hundred dollars 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. Such
advertisement shall be published once not less than ten days
prior to the date fixed for the opening of bids or public
auction, and such date for opening bids or public auction shall
be announced in such advertisement. The award of contracts shall
be made only by public announcement at a regular or special
meeting of the board of township commissioners 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.
The board of township commissioners shall have the authority
to reject all bids if such bids are deemed to be less than the
fair market value of the real property. In the case of a public
auction, the board of township commissioners may establish a
minimum bid based on the fair market value of the real property.
Except as otherwise hereinafter provided in the case of
personal property of an estimated fair market value of less than
one thousand dollars, no township personal property shall be
disposed of, by sale or otherwise, except upon approval of the
board of township commissioners, by ordinance or resolution. In
cases where the board of township commissioners shall approve a
sale of such property, it shall estimate the fair market value
of the entire lot to be disposed of. If the board of township
commissioners shall estimate the fair market value to be one
thousand dollars or more, the entire lot shall be advertised for
sale once, in at least one newspaper of general circulation in
the township, not less than ten days prior to the date fixed for
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the opening of bids or public auction, and such date of opening
of bids or public auction shall be announced in such
advertisement, and sale of the property so advertised shall be
made to the best responsible bidder. A public auction of
personal property may be conducted by means of 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 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 board of township commissioners. In
the event that shipping costs are incurred, they shall be paid
by the high bidder. A township that has complied with the
advertising requirements of this clause may provide additional
public notice of the sale by bids or public auction in any
manner deemed appropriate by the board of township
commissioners. The advertisement for electronic auction sales
authorized in this clause shall include the Internet address or
means of accessing the electronic auction and the date, time and
duration of the electronic auction. The board of township
commissioners may reject any bids received if the bids are
believed to be less than the fair market value of the property.
The board of township commissioners shall, by resolution, adopt
a procedure for the sale of surplus personal property, either
individual items or lots of items, of an estimated fair market
value of less than one thousand dollars and the approval of the
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board of township commissioners shall not be required for any
individual sale that shall be made in conformity to such
procedure.
The provisions of this clause shall not be mandatory where
township property is to be traded in or exchanged for new
township property.
The provisions of this clause shall not prohibit the sale or
exchange of township property to public utilities.
The provisions of this clause requiring advertising for bids
or sale at public auction and sale to the highest bidder shall
not apply where township real or personal property is to be sold
to a county, city, borough, town, township, institution
district, school district, volunteer fire company, volunteer
ambulance service or volunteer rescue squad located within the
township, or [municipal authority pursuant to the Municipality
Authorities Act of 1945] authority as defined in 53 Pa.C.S. §
5602 (relating to definitions), or to a nonprofit corporation
engaged in community industrial, commercial or affordable
housing development or reuse or where real property is to be
sold to a person for his exclusive use in an industrial
development program or where real property is to be sold to a
nonprofit corporation organized as a public library, or where
real property is to be sold to a nonprofit medical service
corporation as authorized by clause LXXII of section 1502, or
where real property is to be sold to a nonprofit housing
corporation as authorized by clause LXXIII of section 1502. When
real property is to be sold to a nonprofit corporation organized
as a public library or to a nonprofit medical service
corporation or to a nonprofit housing corporation the board of
township commissioners may elect to accept such nominal
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consideration for such sale as it shall deem appropriate. Real
property sold pursuant to this clause to a volunteer fire
company, volunteer ambulance service or volunteer rescue squad,
nonprofit medical service corporation or to a nonprofit housing
corporation shall be subject to the condition that when the
property is not used for the purposes of the company, service,
squad or the corporation the property shall revert to the
township.
Any officer who sells and each officer who votes in favor of
selling any township property, either real or personal, without
the provisions of this section having been complied with, shall
be subject to surcharge in the amount of any loss sustained by
the township by reason of such sale.
The exemption granted by this clause to nonprofit
corporations engaged in community, industrial, commercial or
affordable housing development or reuse shall not apply to
property owned and operated by the township or subcontracted or
operated on the behalf of the township in order to conduct
existing governmental functions.
Section 2. This act shall take effect immediately.
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