Pennsylvania Act 1998-104 — MUNICIPALITIES - AMEND SALE OF REAL AND PERSONAL PROPERTY

Act text

MUNICIPALITIES - AMEND SALE OF REAL AND PERSONAL PROPERTY
                 Act of Nov. 24, 1998, P.L. 819, No. 104              Cl. 53
                             Session of 1998
                               No. 1998-104

     SB 670

                                  AN ACT

     Amending the act of October 27, 1979 (P.L.241, No.78), entitled
        "An act authorizing political subdivisions, municipality
        authorities and transportation authorities to enter into
        contracts for the purchase of goods where no bids are
        received," providing for the sale of real and personal
        property.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The title and sections 1, 2, 3 and 4 of the act
     of October 27, 1979 (P.L.241, No.78), entitled "An act
     authorizing political subdivisions, municipality authorities and
     transportation authorities to enter into contracts for the
     purchase of goods where no bids are received," are amended to
     read:
                                  AN ACT
     Authorizing political subdivisions, municipality authorities and
        transportation authorities to enter into contracts for the
        purchase of goods and the sale of real and personal property
        where no bids are received.
      Section 1.  Nonreceipt of bids.
        (a)  Purchase of goods.--When a political subdivision,
     municipality authority or transportation authority advertises
     for bids on an item and no bids are received, the political
     subdivision, municipality authority or transportation authority
     shall rebid the item. If again such bids are not received, the
     political subdivision, municipality authority or transportation
     authority may purchase or enter into contracts for the purchase
     of any item where no bids are received from suppliers for the
     item within 45 days of the date of second advertisement
     therefor.
        (b)  Sale of property.--When a political subdivision,
     municipality authority or transportation authority is required
     to advertise for bids in order to sell real or personal property
     and no bids are received, the political subdivision,
     municipality authority or transportation authority may proceed
     as follows:
            (1)  The political subdivision, municipality authority or
        transportation authority may advertise for bids a second
        time.
            (2)  If no bids are received within 15 days of the second
        advertisement, the political subdivision, municipality
        authority or transportation authority may initiate
        negotiations for a private sale of the property, taking into
        consideration its fair market value.
            (3)  The political subdivision, municipality authority or
        transportation authority must publicly announce the identity
        of the parties, the sale price and a summary of the other
        terms and conditions relating to any proposed private sale at
        a regular or special meeting of its governing body.
            (4)  After the public announcement of the sale is made in
        accordance with paragraph (3), at least 30 days must elapse
        before a political subdivision, municipality authority or
        transportation authority may authorize the private sale in
        accordance with this subsection.
      Section 2.  Applicability of act.
        The provisions of [the] this act shall apply only when such
     political subdivision, municipality authority or transportation
     authority has complied with the provisions of law as to
     advertising for bids and no bids were submitted.
      Section 3.  Repeals.
        All acts and parts of acts are repealed insofar as they are
     inconsistent with this act.
      Section 4.  Effective date.
        This act shall take effect immediately.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 24th day of November, A. D. 1998.

     THOMAS J. RIDGE