Second class township code, the




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Compiler's Note:  The act of May 2, 1945 (P.L.382, No.164), referred to as the Municipality Authorities Act of 1945, was repealed by the act of June 19, 2001 (P.L.287, No.22). The subject matter is now contained in 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

Section 2604.  Water Rents.--The board of supervisors may provide for the collection of water rents from users of water supplied by the township.

Section 2605.  Distribution System; State Permit.--The board of supervisors may by ordinance provide, acquire, establish, regulate and protect any system of distribution of water for private and public use after a certified copy of the plans and surveys for the system, with a description of the sources from which it is proposed to derive the supply, are filed with the Department of Environmental Protection and a written permit for the construction of the system is obtained from the Department of Environmental Protection.

Section 2606.  Occupation of Highways.--In regulating, protecting and extending its system of distribution of water, the township may occupy public highways, but no highway under the jurisdiction of the Department of Transportation shall be occupied until a permit therefor has been obtained from the department nor any highway under the jurisdiction of the county until a permit therefor has been obtained from the county commissioners.

Section 2607.  Joint Construction, Acquisition or Maintenance of Water Systems.--Any township may join with any other municipal corporation in the construction or acquisition and maintenance of water systems. The construction of water systems shall be commenced only after plans for the systems have been filed with the Department of Environmental Protection and permits have been issued.

Section 2608.  Joint Water Board.--The municipal corporations joining in the improvement, in order to facilitate the building of the water system and in securing preliminary surveys and estimates, may by ordinance provide for the appointment of a joint water board composed of one representative from each of the municipal corporations joining to act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance. Members of the joint water board shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. The joint water board shall organize by the election of a chairman, vice-chairman, secretary and treasurer. The municipal corporations may in the ordinances creating the joint water board authorize it to appoint an engineer, a solicitor and other necessary assistants and agree to the share of the compensation of those persons each municipal corporation is to pay. The members of the joint water board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint water board and submitted to and adopted by the municipal corporations. The compensation to members for attending meetings shall not exceed a total of two hundred and fifty dollars ($250) for each member in each year, but the members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent.

Section 2609.  Public Utility Law Saved.--Nothing contained in this article shall be construed to repeal or to supersede any of the provisions of 66 Pa.C.S. (relating to public utilities).

Section 2610.  Cost of Construction; How Paid.--All or part of the cost of construction of any water system constructed by the authority of this article may be charged upon the properties accommodated or benefited thereby.

Section 2611.  Water Districts.--The board of supervisors may designate, define and create one or more water districts within the township, and the board of supervisors shall determine the proportion of the cost of the water system which shall be equitably charged on each district and declare and establish the apportionment by resolution. No district shall be charged with more than its due proportion of the cost of the main pipe lines, pumping stations, et cetera, used jointly by more than one district.

Section 2612.  Assessment.--The board of supervisors may provide for the payment of the cost of water lines or water systems in the township or in districts thereof by an assessment upon the properties accommodated or benefited by one of the following methods:

(1)  By an assessment under a resolution or ordinance of the board of supervisors of each lot or piece of land in proportion to its frontage abutting on the water mains, allowing an equitable reduction in the case of corner properties and unusually shaped properties or in the case of properties abutting on more than one main as the resolution or ordinance may specify.

(2)  By an equal assessment on all properties abutting on the mains in proportion to the total cost of construction. The amount of the charge on each property shall be determined by the board of supervisors.

Section 2613.  Procedure for Assessment.--If taxpayers of the district whose property valuation as assessed for taxable purposes within the district amounts to fifty percent of the total property valuation so assessed or if taxpayers representing fifty percent of the parcels within the district present a petition within three months of the adoption of a resolution or ordinance levying an assessment under section 2612 to the court of common pleas stating that the assessment insufficiently represents the benefits accruing to abutting properties, they may include in the petition a request for the appointment of viewers to assess benefits. The court shall appoint three disinterested viewers, none of whom shall be a resident of that portion of the township which is accommodated by the water system in question, and the viewers shall proceed under this act for the assessment of damages and benefits by viewers. Upon the filing of the petition by taxpayers for appointment of viewers, any assessment made by the board of supervisors and any proceedings shall be stayed pending the disposition of the petition by the court.

(2613 amended June 22, 2000, P.L.400, No.55)

Section 2614.  Liens for Assessments; Costs of Proceedings.--After the amount of the assessment charged upon the several properties has been established by resolution making assessments according to section 2612 or by confirmation of any report of viewers, in whole or in part, the amounts of all assessments are payable to the township treasurer for the use of the township in which they are assessed. The board of supervisors shall make out bills for the amounts charged against each property, which shall be sent to all property owners whose property will be served by the water system. If the assessment is not paid within sixty days after the mailing of a bill therefor, the board of supervisors shall collect it by action of assumpsit or under law for the filing and recovery of municipal claims.

(2614 amended Dec. 18, 1996, P.L.1142, No.172)

 

ARTICLE XXVII



STORM WATER MANAGEMENT PLANS AND FACILITIES

 

Section 2701.  Storm Water Management Systems Authorized.--The board of supervisors may plan, design, construct, assemble, install and alter facilities, including, but not limited to, inlets, outlets, systems of piping, diversion terraces, grass waterways, energy dissipaters, storm water retention devices and natural or artificial infiltration areas, to manage surface water runoff.



Section 2702.  Construction of Storm Water Management Facilities.--(a)  The board of supervisors may acquire by purchase, deed of dedication or eminent domain proceedings all or part of any existing system or facility for the management of surface water runoff which may have been established or constructed by any property owner in the township or establish, construct and maintain systems or facilities in the best interest of the township.

(b)  If the board of supervisors and the owners of systems can agree upon a price to be paid by the township, the purchase may be consummated if the amount to be paid does not exceed the actual value of the facilities to be transferred.

(c)  If the board of supervisors acquires the system by the exercise of eminent domain, the damages shall be determined by viewers under this act for eminent domain proceedings.

Section 2703.  System Management.--(a)  When exercising the powers under this article, the board of supervisors shall manage storm water originating in or passing through the township in a manner which is consistent with the requirements of the act of October 4, 1978 (P.L.864, No.167), known as the "Storm Water Management Act," and the storm water management guidelines and any regulations which may be adopted by the Department of Environmental Protection.

(b)  All storm water management activities undertaken must be consistent with any watershed storm water management plan when the plan has been approved by the Department of Environmental Protection.

(c)  When storm water management activities are undertaken in watersheds for which there is no approved storm water management plan, all drawings, documents, profiles and designs and descriptions of the proposed activities to be undertaken by the township shall be submitted to the county conservation district for review and comment before the initiation of earthmoving activities. The conservation district shall have thirty days to review and respond with comments to the board of supervisors. Failure to respond within that time constitutes favorable comment by the conservation district.

Section 2704.  Ordinances.--The board of supervisors may enact storm water management ordinances and require persons conducting earthmoving activities to obtain approval from the board of supervisors for those activities. Ordinances must be consistent with watershed storm water management plans where they exist and in all cases must be consistent with the act of October 4, 1978 (P.L.864, No.167), known as the "Storm Water Management Act."

 

ARTICLE XXVIII



MANUFACTURE AND SALE OF ELECTRICITY

 

Section 2801.  Manufacture and Sale of Electricity.--Any township may manufacture electricity by means of a hydroelectric generating facility owned or operated by the township for the use of the inhabitants of the township. Any township owning or operating a hydroelectric generating facility may make contracts for the sale of electricity to persons engaged in the business of the manufacture or sale of electricity.



Section 2802.  Regulation of Use and Prices.--Any township furnishing electricity under this article may regulate the use of electricity in dwellings, business places and other places in the township and the rate to be charged for the electricity.

Section 2803.  Sale of Hydroelectric Generating Facilities.--A township may by ordinance sell all or part of its hydroelectric generating facilities to a purchaser for that sale price as the parties may agree upon.

Section 2804.  Construction or Purchase of Hydroelectric Generating Facilities.--Any township may construct or purchase facilities to manufacture electricity by hydroelectric generation. Any township may purchase a hydroelectric generating facility at that price as may be agreed upon by the township and the person, partnership or a majority of the stockholders of a corporation that owns the facilities.

Section 2805.  Submission to Electors.--Before any township constructs or purchases a hydroelectric generating facility, the question of the increase of the debt of the township shall first be submitted to the qualified voters of the township in the manner provided by law for the increase in indebtedness of municipal corporations.

Section 2806.  Limitation on Indebtedness.--No township which constructs or purchases a hydroelectric generating facility shall incur any indebtedness for the construction or enlargement of a new or existing dam or impoundment structure but may incur indebtedness for repairs or reconstruction of an existing dam or impoundment in connection with the hydroelectric project.

 

ARTICLE XXIX



SHADE TREE COMMISSION

 

Section 2901.  Right of Establishment.--The board of supervisors may regulate the planting, maintenance and removal of shade trees in the township, or it may appoint a shade tree commission to administer regulations for shade trees.



Section 2902.  Commission Members; Appointment; Terms; Vacancies.--(a)  Except as provided in subsection (b), a shade tree commission shall be composed of three members who shall be residents of the township.

(b)  The board of supervisors may, by ordinance, provide that the commission be composed of five members who shall be residents of the township.

(c)  Whenever a shade tree commission of three members is established by any township, the initial terms of members shall be for periods of three years, four years and five years respectively. On the expiration of the term of any shade tree commissioner, a successor shall be appointed by the board to serve for a term of five years.

(d)  Whenever a shade tree commission of five members is established by any township, the board of supervisors shall appoint members to staggered terms so that one term expires every year. On the expiration of the term of any shade tree commissioner, a successor shall be appointed by the board to serve for a term of five years.

(e)  Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

(f)  Vacancies in the office of shade tree commissioner shall be filled by the board of supervisors for the unexpired term.

(2902 amended Mar. 24, 2004, P.L.155, No.18)

Section 2903.  Powers May be Vested in Recreation Board.--When there exists a board for the care of public parks, the board of supervisors may by ordinance confer on the recreation board all the powers and duties under this article for a shade tree commission.

Section 2904.  General Powers of Commission.--The shade tree commission has exclusive control of the shade trees in the township and is authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the township, excluding State highways.

Section 2905.  Hiring of Employes.--The shade tree commission may with the approval of the board of supervisors employ persons to perform the duties and directions of the commission and make, publish and enforce regulations for the care and protection of the shade trees of the township. No regulations shall be in force until approved by the board of supervisors and until published at least once in a newspaper of general circulation in the township.

Section 2906.  Report of Commission.--The shade tree commission shall annually report to the board of supervisors its transactions and expenses for the preceding fiscal year of the township.

Section 2907.  Removal of Diseased or Dangerous Trees.--(a)  The shade tree commission or, if no commission exists, the board of supervisors may by ordinance require owners of property to cut and remove trees located on the property if the condition of the trees, through disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of public roads or property.

(b)  If within thirty days after the date of notice by certified mail, return receipt requested, to remove the trees, the property owner has not complied with that order, the commission or the board of supervisors may enter the premises and remove the trees.

(c)  The cost of cutting and removal of trees by the township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens.

Section 2908.  Maintenance by Township Funds.--The shade tree commission shall annually certify the costs incurred under this article to the board of supervisors. The costs shall be paid from the general township fund.

Section 2909.  Penalties.--The shade tree commission, to the extent provided by ordinance of the township, may assess penalties for the violation of its regulations and of this article as far as it relates to shade trees. Any penalty so assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected.

Section 2910.  Disposition of Penalties.--All penalties or assessments imposed under this article shall be paid to the township.

 

ARTICLE XXX



BOARD OF HEALTH

 

Section 3001.  Establishment of Board of Health.--The board of supervisors may appoint a township board of health and township health officer to administer and enforce the health and sanitation laws of the township. If a board of health is appointed, the board of health may appoint a health officer or inspector whose duties shall be to implement and enforce the health and sanitation laws of the township and actions of the board of health. The health officer or inspector, whether appointed by the board of supervisors or by the board of health, shall not assume the performance of the duties of office until certified as a qualified health officer or inspector by the Department of Environmental Protection, the Department of Agriculture and the Department of Health.



Section 3002.  Members of Board of Health.--A board of health appointed under this article shall be composed of five members, at least one of whom shall be a licensed physician with not less than two years' experience in the practice of his profession. The members of the board of health shall be appointed by the board of supervisors. Upon the creation of a board of health, one member shall be appointed to serve for one year, one for two years, one for three years, one for four years and one for five years, and after that one member shall be appointed each year to serve for five years. Upon the creation of a board of health in a township which has an existing sanitary board, the board of supervisors may continue the incumbent members of the sanitary board as members of the board of health. The members of the board of health shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.

Section 3003.  Organization, Secretary, Health Officer and Inspectors.--The members of the board of health shall annually organize by electing a chairman from among the members of the board of health, a secretary who may be a member of the board of health and a health officer and inspectors who shall not be members of the board of health. The secretary, health officer and inspectors shall each receive a salary as determined by the board of supervisors and shall serve for a period of one year or until their successors may be appointed and qualified.

Section 3004.  Duties of Secretary.--The secretary of the board of health shall keep the minutes of the proceedings of the board of health, keep accurate accounts of the expenses of the board of health, draw all requisitions for the payment of moneys on account of the board of health from appropriations made by the board of supervisors to the board of health and present them to the board of health for approval, render statements of the expenses to the board of health at each stated meeting or as frequently as the board of health may require, prepare under the direction of the board of health the annual report to the board of supervisors, together with the estimate of appropriation needed for the ensuing year, and make other reports and perform other duties as the board of health may require.

Section 3005.  Powers and Duties of Health Officer and Inspectors.--The health officer and inspectors shall attend all stated and special meetings of the board of health and at all times be ready and available for the prompt performance of their official duties. They shall make inspections and execute the orders of the board of health.

Section 3006.  Powers of Board of Health.--(a)  The board of health shall enforce the health and sanitation laws of this Commonwealth and any regulations adopted under those laws and the health and sanitation laws and regulations of the township.

(b)  Regulations, when authorized by ordinance of the township, shall have the force of ordinances of the township. All penalties prescribed for violation of the regulations, as well as the expenses actually and necessarily incurred in enforcing ordinances and regulations, are recoverable in enforcement proceedings and shall be paid into the general township fund. Townships may establish and revise fees for licenses or permits issued by the township as necessary.

Section 3007.  Entering Premises.--The board of health, health officer or inspectors may enter at any time any premises within the township where there is reasonably suspected to exist any health hazard or violation of health or sanitation laws or regulations or which are of a type that may give rise to a health hazard.

Section 3008.  Written Order for Violation.--When the board of health, health officer or inspectors determine that a health or sanitation hazard or violation exists, a written order shall be directed to the owner or occupant of the premises involved, ordering an abatement of the hazard or violation and the taking of corrective action as the board of health, health officer or inspectors may deem necessary under the circumstances. The order shall set forth a specific time in which the abatement and corrective action shall be accomplished. If the order is not complied with within the time provided, the board of health, health officer or inspectors may enter the premises and issue orders for the immediate termination of activities creating the violation, the potential violation and all acts of commerce conducted in, on or at the premises in question. In addition, the board of health, health officer or inspectors may proceed to enforce the law or regulation being violated the same as ordinances of the township.

Section 3009.  Appropriations and Annual Report.--The board of supervisors shall make an annual appropriation to the board of health as the board of supervisors determines. The board of health or health officer shall before the preparation of the annual budget of the township submit to the board of supervisors the estimated expenses of the board of health or health officer for the ensuing year. The board of health or health officer shall by the first day of February of each year prepare and submit to the board of supervisors and the regional office of the Department of Environmental Protection, the Department of Agriculture and the Department of Health an annual report in writing, setting forth the activities and expenditures of the board of health or health officer during the prior calendar year.

Section 3010.  Cooperation With Other Municipal Corporations.--(a)  Any township may cooperate and contract with any other municipal corporation in the administration and enforcement of health and sanitation laws.

(b)  If the board of supervisors abolishes the board of health or positions of health officers or inspectors and discontinues services under this article, the Department of Environmental Protection, the Department of Agriculture and the Department of Health shall be notified. An official copy of the action of the board of supervisors shall be transmitted to the regional office of the Department of Environmental Protection, the Department of Agriculture and the regional office of the Department of Health.

(c)  The board of supervisors, the board of health or the health officer may request assistance from the Department of Environmental Protection, the Department of Agriculture or the Department of Health if the assistance is deemed necessary for the health and safety of township citizens.

 

ARTICLE XXXI



CONTRACTS

 

Section 3101.  Power to Make Contracts.--The board of supervisors may make contracts for purchases under this act and the laws of this Commonwealth.



Section 3102.  Letting Contracts.--(a)  All contracts or purchases in excess of the required advertising base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under subsection (b.1), except those specifically excluded, shall not be made except with and from the lowest responsible bidder after due notice in one newspaper of general circulation in the township. The notice for bids shall be published at least two times at intervals of not less than three days in daily newspapers or once a week for two successive weeks in weekly newspapers. The first advertisement shall be published not more than forty-five days, and the second advertisement not less than ten days, before the date set for the opening of bids. Notice of proposed contracts or purchases shall also be posted where the board of supervisors normally meets or in a conspicuous place within the township. Any published notice for bids shall contain full plans and specifications, or refer to the places where copies thereof can be obtained, state the amount of the performance bond determined under subsection (g) and give the date, time and place of a meeting at which an individual or committee appointed by the board of supervisors or the board of supervisors will open and read the bids. ((a) amended Nov. 3, 2011, P.L.381, No.84)

(b)  Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts in excess of the base amount of ten thousand dollars ($10,000), subject to adjustment under subsection (b.1), but are less than the amount requiring advertisement and competitive bidding, or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years. ((b) amended Nov. 3, 2011, P.L.381, No.84)

(b.1)  Adjustments to the base amounts specified under subsections (a) and (b) shall be made as follows:

(1)  The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.

(2)  If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.

(3)  (i)  If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts for purposes of subsections (a) and (b).

(4)  In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts for purposes of subsections (a) and (b).

(5)  The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.

(6)  The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7)  The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three percent.

((b.1) added Nov. 3, 2011, P.L.381, No.84)

(c)  The board of supervisors may purchase or make contracts under 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," if no bids are received on an item after proper notices.

(d)  The amount of the contract, whether of straight sale price, conditional sale, lease, lease purchase or otherwise, is the entire amount the township pays to the successful bidder in order to obtain the services or property, or both, and does not mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits.

(e)  The award of contracts shall only be made by public announcement at the meeting at which bids are opened by the board of supervisors, or received from the individual or committee appointed by the board of supervisors to open and read bids, or at a subsequent meeting of the board of supervisors, the time and place of which shall be publicly announced when bids are received. If for any reason one or both of the meetings are not held, the same business may be transacted at a subsequent meeting if at least five days' notice of the meeting is published in the same newspaper as the notice of bids. Bidders shall be notified and other interested parties, upon request, shall be notified of the date, time and location of the opening of bids and may be present when the bids are opened.

(f)  The board of supervisors may reject all bids received if it is believed to be in the best interest of the township, and at a public meeting the reasons for the rejection of all bids shall be announced and be noted in the minutes.

(g)  Unless covered under the bonding requirements of the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," the successful bidder shall furnish a bond guaranteeing performance of the contract, in an amount as determined by the supervisors at the time of advertising for bids which shall be not less than ten percent nor more than one hundred percent of the amount of the contract, within twenty days after the contract is awarded. If the bidder fails to furnish the bond within twenty days, unless delivery is made or the entire contract is fulfilled during that time, the contract is void. Delivery, accomplishment and guarantees may be required in all cases, including the exceptions contained in this section. ((g) amended Dec. 19, 1996, P.L.1412, No.181)

(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 are subject to the provisions contained in subsections (a) and (b).

(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, municipal corporation, county, school district, municipality authority, council of government or Federal or State Government. ((8) amended Nov. 27, 2013, P.L.1078 , No.95)

(9)  Those where particular types, models or pieces of equipment, articles, apparatus, appliances, vehicles or parts thereof which are patented and manufactured products.

((h) amended Apr. 12, 2012, P.L.234, No.30)

(i)  No township official, either elected or appointed, or township employe who knows, or who by the exercise of reasonable diligence could know, shall be interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing of any supplies or materials for the use of the township or for any work to be done for the township involving the payment by the township of more than five hundred dollars ($500) in any year unless the contract is awarded through the public bid process. This limitation does not apply if the officer or appointee of the township is an employe of the person, firm or corporation to which the money is to be paid in a capacity with no possible influence on the transaction and the officer cannot possibly be benefited thereby, either financially or otherwise. If a supervisor is within this exception, the supervisor shall so inform the board of supervisors and refrain from voting on the payments and shall in no manner participate in the contract. Any official or appointee who knowingly violates this provision is subject to surcharge to the extent of the damage shown to be sustained by the township, is ousted from office or employment and commits a misdemeanor of the third degree.

(j)  Contracts for the purchase of materials or rental of equipment for the construction, reconstruction, maintenance and improvement of roads and bridges shall be in writing and let only on standard specifications of the Department of Transportation.

(k)  Contracts for the purchase of materials or supplies may be bid on a per-unit basis.

(l)  Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."

(m)  No person, consultant, firm or corporation contracting with a township for purposes of rendering personal or professional services to the township shall share with any township officer or employe, and no township officer or employe shall accept, any portion of the compensation or fees paid by the township for the contracted services provided to the township except under the following terms or conditions:

(1)  Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of supervisors.

(2)  The board of supervisors must approve the sharing of any fee or compensation for personal or professional services before the performance of the services.

(3)  No fee or compensation for personal or professional services may be shared except for work actually performed.

(4)  No shared fee or compensation for personal or professional services may be paid at a rate in excess of the commensurate for similar personal or professional services.

 

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