Pennsylvania Act 1874-152 — CITIES, DIVIDED INTO CLASSES

Act text

CITIES, DIVIDED INTO CLASSES
                  Act of May 23, 1874, P.L. 230, No. 152              Cl. 11
                                  AN ACT

     Dividing the cities of this state into three classes, regulating
        the passage of ordinances, providing for contracts for
        supplies and work for said cities, authorizing the increase
        of indebtedness, and the creation of a sinking fund to redeem
        the same, defining and punishing certain offences in all of
        said cities, and providing for the incorporation and
        government of cities of the third class.

        Section 2.  Quarter sessions may divide and create wards;
     commissioners; election; new application
        Wards in cities may be divided, or new wards therein created,
     by the court of quarter sessions of the proper county, on
     application thereto for that purpose by the petition of at least
     one hundred qualified electors thereof, or of the councils of
     such city; and upon such petition praying for a division of a
     ward, or for the erection of a new ward out of parts of two or
     more wards, the said court shall appoint five impartial men to
     inquire into the propriety of granting the prayer of councils;
     and it shall be the duty of the commissioners so appointed, or
     any four of them, to examine the premises, to make a draft of
     the ward to be divided, showing the division thereof, or of the
     new ward proposed to be created, as the case may be; and they
     shall make report thereof to the said court of quarter sessions
     at its next term, together with their opinion of the same; and
     at the term after that at which the report shall be made, the
     court shall take such order thereupon as to them shall appear
     just and reasonable.  If the commissioners report favorably to
     such division or creation, the court shall order a vote of the
     qualified electors to be taken on the question of a division
     thereof, and shall appoint an election to be held on the day of
     the municipal or general election, when the election officers of
     the ward or wards proposed to be divided shall hold such
     election at the places and in the manner provided by law for the
     regulation of municipal elections.  It shall be the duty of the
     mayor of such city to give at least fifteen days' notice by
     advertisements in at least three newspapers, if so many be
     printed in said city, and by handbills posted in the most public
     places in said ward or wards, that such an election will be
     held, and of the time and place of holding the same.  The judges
     and inspectors of election of said ward or wards shall receive
     from the electors thereof written or printed tickets having on
     the outside the word "division," and on the inside the words
     "against division," or "for division," and deposit the same in a
     box to be provided for that purpose.  The officers of such
     election shall count the said tickets in the manner prescribed
     by law, and shall forthwith make out a return showing the number
     of votes for and against a division, and shall deliver the same
     to the clerk of the court of quarter sessions of the proper
     county within three days; and the said clerk shall record the
     same and lay the return before the court at its then next
     session.  If it appear that a majority of the votes so taken are
     for a division, the said court shall thereupon order and decree
     a division of the said ward or wards, agreeably to the lines
     marked out and returned by the commissioners, and shall number
     the new wards, and shall cause a certified copy of the whole
     proceedings to be placed of record among the minutes of
     councils. If a majority of votes have been against a division,
     no further action shall be had upon such proceedings, nor shall
     any new application for a division of said ward or wards be
     heard for three years from the date of such election.  1874, May
     23, P.L. 230, sec. 2.
        Section 4.  Supervision of conduct of city officers
        The mayors of cities of the second and third class shall
     supervise the conduct of all city officers, examine the grounds
     of all reasonable complaints made against any of them, and cause
     all of their violations or neglect of duty to be promptly
     punished, or reported to the proper tribunal for correction; and
     for the purposes aforesaid he is hereby empowered to issue
     subpoenas and compulsory process for the production of such
     persons and such books and papers as he may deem necessary.
     1874, May 23, P.L. 230, sec. 4, par. 5.
        Section 6.  Contracts for stationery, fuel, etc.; councilmen
     and officers not to be interested
        All stationery, printing, paper and fuel used in the
     councils, and in other departments of the city government, and
     all work and materials required by the city, shall be furnished,
     and the printing and all other kinds of work to be done for the
     city, shall be performed under contract to be given to the
     lowest responsible bidder, under such regulations as shall be
     prescribed by ordinance; and it shall be the duty of councils
     forthwith to enact such ordinances; no member or officer of
     councils, or any department of the city governments, shall be in
     any way interested in such contracts, directly or indirectly,
     either at its inception or during the progress of its
     fulfillment, or furnish any materials or supplies or labor for
     such contracts.  1874, May 23, P.L. 230, sec. 6.
        Section 7.  Payments from city treasury only upon
     appropriation
        No money shall be paid out of the city treasury except upon
     appropriations made by law, and on warrant drawn by the proper
     officer in pursuance thereof.  1874, May 23, P.L. 230, sec. 7.
        Section 8.  Acceptance of bribes by councilmen
        A member of councils who shall solicit, demand or receive, or
     consent to receive directly or indirectly, for himself or for
     another, from any company, corporation or person, any money,
     office, appointment, employment, testimonial, reward, thing of
     value or enjoyment, or of personal advantage, matter or thing to
     another, shall be held guilty of bribery, withholding the same,
     or with an understanding, expressed or implied, that his vote or
     official action shall be in any way influenced thereby, or who
     shall solicit or demand any such money or other advantage,
     matter or thing aforesaid for another, as the consideration of
     his vote or official influence, or for withholding the same, or
     shall give or withhold his vote or influence, in consideration
     of the payment or promise of such money, advantage, or promise
     thereof, for his vote or official influence, or for and shall,
     upon conviction thereof, be punished by fine not exceeding ten
     thousand dollars, and by separate and solitary confinement at
     labor for a period not exceeding five years, and shall be
     forever incapable of holding any place of profit or trust in
     this Commonwealth.  1874, May 23, P.L. 230, sec. 8.
        Section 9.  Bribery of councilmen
        Any person who shall, directly or indirectly, offer, give or
     promise any money or thing of value, testimonial, privilege or
     personal advantage to any member of councils to influence him in
     the performance of any of his public or official duties shall be
     guilty of bribery, and be punished in such manner as that
     offense is by law punishable.  1874, May 23, P.L. 230, sec. 9.
        Section 10.  Interested members shall not vote; penalty
        A member who has a personal or private interest in any
     measure or bill proposed or pending before councils, shall
     disclose the fact to the branch of which he is a member and
     shall not vote thereon. If such interested member shall vote
     without disclosing his interest in such measure or bill, and the
     same be carried by his vote, such member shall forfeit his
     office.  1874, May 23, P.L. 230, sec. 10.
        Section 11.  Councils to establish a sinking fund;
     application of proceeds to extinguishment of debt
        For the purpose of creating a sinking fund for the gradual
     extinguishment of the bonds and funded debt of the respective
     cities of this Commonwealth, the councils of each thereof shall,
     annually (until payment of the bonds and funded debt be fully
     provided for) levy and collect, in addition to the other taxes
     of said corporation, a tax of not less than one mill and not
     exceeding three mills upon the assessed value of the taxable
     property of each of said cities, to be called the sinking fund
     tax, which shall be paid into the city treasury and shall be
     applied towards the extinguishment of said bonds and funded debt
     in the order of the date of issue thereof, and to no other
     purpose whatever. 1874, May 23, P.L. 230, sec. 11; 1891, May 26,
     P.L. 126, sec. 1; 1893, May 11, P.L. 42, sec. 1.
        Section 12.  City property not to be used for private gain;
     officers to have no interest in contracting firms
        No portion of the property of any said cities shall be used
     for purposes of private gain by any official, councilman, agent
     or employee of said city, or of any department thereof, nor
     shall the same be wilfully used or injured, or sold or disposed
     of in any manner, without the consent of councils, by any such
     official, councilman, agent or employee.  Nor shall any official
     councilman, agent or employee of said city, or any department
     thereof, be interested, either directly or indirectly, either
     personally or as a member or officer of any firm, company or
     corporation contracting with the said city, or any department
     thereof, for the use, lease, occupation or enjoyment of any of
     the works, material or property of said city; and any breach of
     the provisions of this section shall be a misdemeanor, and upon
     conviction thereof shall be punished by fine not exceeding one
     thousand dollars and imprisonment not exceeding one year, or
     either, at the discretion of the court trying the same; and upon
     such conviction the party offending shall be forthwith removed
     from his office or employment, and shall not be eligible to
     appointment to any place of profit or trust under said city or
     any department thereof.  1874, May 23, P.L. 230, sec. 12.
        Section 13.  Municipal authorities and courts to have
     exclusive control of opening, etc; of streets; security for
     damages
        That the municipal authorities and courts having jurisdiction
     in any city of this Commonwealth shall have exclusive control
     and direction of the opening, widening, narrowing, vacating and
     changing grades of all streets, alleys, and highways within the
     limits of such city, and may open or widen streets, at such
     points, and of such width, as may be deemed necessary by such
     city authorities and courts, any private or special statute to
     the contrary notwithstanding, proceedings to be had in such
     cases as are now required by law.  Streets commenced under any
     special authority shall be completed, unless otherwise decided
     by councils; and any of said cities may, with the consent of the
     courts of quarter sessions of the proper county, enter security
     for damages to private property by reason of street
     improvements, in such sum or sums as the said court may direct.
     1874, may 23, p.l. 230, sec. 13; 1881, June 8, P.L. 68, sec. 1.