Pennsylvania Act 1905-213 — SECOND CLASS CITIES, DIVISION INTO WARDS

Act text

SECOND CLASS CITIES, DIVISION INTO WARDS
                 Act of Apr. 24, 1905, P.L. 307, No. 213              Cl. 11
                                  AN ACT

     Authorizing the creation, division and consolidation of wards,
        in cities of the second class; providing a method therefor,
        and fixing the minimum number of inhabitants in each ward.

        Compiler's Note:  Section 9(a) of Act 312 of 1974 provided
            that Act 213 is repealed insofar as it is inconsistent
            with Act 312.
        Section 1.  Be it enacted, &c., That within two years from
     the passage of this act, and not oftener than decennially
     thereafter, wards in cities of the second class may be divided,
     consolidated, or new wards therein created, by a commission of
     three to be appointed by the president judge of any court of
     common pleas of any county in which said city or cities are
     located. Upon application being made to said president judge,
     for the appointment of said commission, by the petition of at
     least one hundred qualified electors of the ward, wards or city
     affected, praying for the division of a ward, or for the
     erection of a new ward or wards out of two or more wards, parts
     of two or more wards, or of new territory annexed, or, for a
     reapportionment of all the wards in said city, the president
     judge of said court of common pleas may appoint a commission of
     three electors of said city, for the purpose of considering and
     carrying out the prayer of the petitioners; and it shall be the
     duty of the commission so appointed to make a draft of the ward,
     wards or city to be divided, consolidated or apportioned into
     wards, showing the divisions thereof, or of the new ward or
     wards proposed to be created, as the case may be, and such
     commission shall make a report by a majority of its membership
     to the president judge of the said court of common pleas,
     together with their recommendations concerning the same:
     Provided, however, That no ward provided for in said report
     shall contain a population of less than four thousand
     inhabitants, according to the last preceding United States
     census: And provided further, that this act shall not go into
     effect until January one, one thousand nine hundred and six.
        Section 2.  If the commission or a majority of the members
     thereof shall make a report recommending such division,
     creation, consolidation or apportionment, and attach to said
     report a map or draft of the ward or wards to be divided,
     consolidated or apportioned, showing the divisions thereof, or
     of the new ward or wards proposed to be created, and the said
     report is confirmed finally by said president judge, it shall be
     the duty of councils to prepare an ordinance for carrying said
     report, so confirmed, into effect; which ordinance shall be
     introduced at a stated meeting of the common councils, and the
     same published in newspapers of the city, having contracts to do
     the city advertising, once a week for two weeks before the final
     consideration and passage thereof by the common councils; and at
     any stated meeting of the select council, held at least one week
     after the final consideration of such ordinance by the common
     council, the select councils may consider and act upon the same.
        Section 3.  All councilmen in the ward or wards affected by
     the division, creation or consolidation, as aforesaid, shall
     continue in office, and perform their duties as councilmen until
     the expiration of the term for which they were severally
     elected; and their successors shall be elected under the
     provisions of the law regulating the election of councilmen in
     cities of the second class.
        Section 4.  All aldermen, constables and other elective
     officers of the ward or wards affected by the creation, division
     or consolidation, as aforesaid, in office at the time of such
     division, creation or consolidation, shall continue in office
     until the expiration of the terms for which they have been
     elected; and their successors shall be elected under the
     provisions of the laws regulating the election of such aldermen,
     constables and other ward officers.