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§ 66504. Personal property

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: September 5, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part X. Townships of the Second Class
Chapter 141. Second Class Township Code (Refs & Annos)
Article XV. Corporate Powers
Effective: September 5, 2017
53 P.S. § 66504
§ 66504. Personal property
(a) No personal property of the township shall be sold or disposed of without the approval of the board of supervisors. No personal property owned by the township, the estimated fair market value of which is two thousand dollars ($2,000) or more, shall be sold except to the highest bidder after due notice by advertisement for bids or for public auction in one newspaper of general circulation in the township. The advertisement shall be published once not less than ten days before the date set for the opening of bids or public auction, and the date for opening bids or public auction shall be announced in the advertisement. The advertisement for electronic auction sales authorized in subsection (d) shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction. If after attempting twice to receive bids or if at a public auction no bid was received, the board of supervisors may by resolution adopt a procedure by which the personal property may be sold without further action of the board of supervisors. A procedure adopted pursuant to this authorization shall be subject to and shall conform with the requirements of any law governing the sale of property by municipal corporations generally when no bids have been received. The award of contracts shall be made only by public announcement at a regular or special meeting of the board of supervisors or at the public auction. Except as provided in subsection (d), all bids shall be accepted on the condition that payment of the purchase price in full is made immediately upon acceptance of the successful bid. The board of supervisors may reject any bids received if the bids are believed to be less than the fair market value of the property.
(b) With respect to personal property, either individual items or lots of items, the fair market value of which is estimated to be less than two thousand dollars ($2,000), the board of supervisors shall by resolution adopt a procedure by which the property may be sold without further action by the board of supervisors. The board of supervisors may arrange for the sale of the item or items at public auction.
(b.1) The board of supervisors may sell personal property under the act of October 27, 1979 (P.L. 241, No. 78),1 entitled, as amended, “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,” if no bids are received on personal property after proper notices.
(c) The bidding and advertising requirements of this section do not apply to the following transactions:
(1) If personal property of the township is being traded in or exchanged for other personal property.
(2) The sale or lease of personal property by the township to any of the following:
(i) A municipal corporation.
(ii) The Federal Government.
(iii) The Commonwealth.
(iv) An institution district.
(v) A school district.
(vi) A municipality authority.
(vii) A county.
(viii) A public utility.
(ix) A volunteer fire company.
(x) A nonprofit corporation engaged in community industrial, commercial or affordable housing development.
(xi) A volunteer ambulance service or volunteer rescue squad located within the township.
(xii) A nonprofit corporation organized as a public library.
(xiii) A nonprofit medical service corporation.
(xiv) A nonprofit housing corporation.
(xv) A nonprofit organization providing community service or development activities.
(xvi) A nonprofit corporation established for the preservation of historical architectural or aesthetic sites or artifacts.
(xvii) 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).
(d) A “public auction” shall include 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 township. In the event that shipping costs are incurred, they shall be paid by the high bidder.
(e) A township that has complied with the advertising requirements of subsection (a) may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by the township.

Credits

1933, May 1, P.L. 103, No. 69, § 1504, reenacted and amended 1995, Nov. 9, P.L. 350, No. 60, § 1, effective in 180 days. Amended 1996, Dec. 18, P.L. 1142, No. 172, § 1, effective in 60 days; 2006, June 23, P.L. 203, No. 49, § 1, effective in 60 days [Aug. 22, 2006]; 2012, April 12, P.L. 234, No. 30, § 2, effective in 60 days [June 11, 2012]; 2017, July 7, P.L. 302, No. 21, § 1, effective in 60 days [Sept. 5, 2017].

Footnotes

73 P.S. § 1641 et seq.
53 P.S. § 66504, PA ST 53 P.S. § 66504
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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