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§ 41305. Pension or retirement rights; terms of office; extraterritorial powers; proprietary or...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part V. Cities of the Third Class (Refs & Annos)
Chapter 83. Optional Third Class City Charter Law (Refs & Annos)
Article III. General Powers and Limitations
B. Limitations
53 P.S. § 41305
§ 41305. Pension or retirement rights; terms of office; extraterritorial powers; proprietary or private business; powers granted by legislature
Currentness
The charter of any city adopted in accordance with this act shall not give any power or authority to diminish any rights or privileges of any present city employe in his pension or retirement system. Terms of office of a mayor, treasurer, controller or members of council elected to or holding office prior to adoption of a charter shall not be terminated prior to the time for which elected. No city shall exercise any powers or authority beyond the city limits except such as are conferred by an act of the General Assembly, and no city shall engage in any proprietary or private business except as authorized by the General Assembly. Notwithstanding the grant of powers contained in this act, no city shall exercise powers contrary to or in limitation or enlargement of powers granted to the city by acts of the General Assembly which are:
(1) Applicable to a class or classes of cities on the following subjects:
(i) Providing for the filing and collection of municipal and tax claims or liens and for the sale of real or personal property in satisfaction thereof:
(ii) Providing for the exercise of the power of eminent domain and the procedure for the condemnation of property for public purposes.
(iii) Providing for the assessment of damages and benefits for property taken, injured or destroyed.
(iv) Providing methods for the incurring or increasing of indebtedness.
(v) Providing for the annexation or exclusion or detachment of territory.
(vi) Regulating public schools.
(vii) Providing for the personal registration of electors.
(viii) Limiting rates and fixing subjects of taxation.
(ix) Providing for the assessment of real or personal property and persons for taxation purposes, except that any city adopting one of the optional charter plans provided under this act which has not elected to become subject to the provisions of the act of May 21, 1943 (P.L. 571), known as “The Fourth to Eighth Class County Assessment Law,”1 may, by ordinance, provide for the hearing of appeals from assessments made by the city assessor and the revision thereof by an administrative agency rather than by council: Provided, That in so doing such city shall adhere to the requirements of general law regarding notice to taxables and the right of a person to appeal.
(x) Relating to civil service.
(xi) Relating to public health.
(2) Applicable in every part of the Commonwealth.
(3) Applicable to all the cities of the Commonwealth.

Credits

1957, July 15, P.L. 901, § 305. Amended 1961, Sept. 30, P.L. 1776, § 1, imd. effective.

Footnotes

1
71 P.S. § 5453.101 et seq.
53 P.S. § 41305, PA ST 53 P.S. § 41305
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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