18. There shall be the following executive departments, the heads of which shall 14 June 1887 § 4. be chosen by the city councils: I. Department of public safety. II. Department of public works. III. Department of charities. P. L. 895. Three departments established. Councils to choose heads. Ibid. § 15. 19. The care, management, administration and supervision of the police affairs, and all matters relating to the public health, to the fire and police force, city telegraphs, and the inspection of buildings, shall be confided to the department Jurisdiction of of public safety. The city councils are hereby empowered to provide, by ordinance, department of puba fund for the care, maintenance and relief of aged or disabled policemen or fire- Pension fund. men. lic safety. 20. From and after the passage of this act, the price or fee for a permit to 28 April 1889, § 1. clean or empty any privy-well or cesspool, in any city of the second class in P. L. 49. this commonwealth, and to remove and carry away the contents thereof, shall Fee for permit to be fifty cents; the same to be paid by the party applying for said permit to clean privy-wells. the bureau of health of said cities at the time the application for said permit is made. 21. All acts or parts of acts inconsistent herewith be, and the same are hereby repealed. Ibid. § 2. Repealing clause. 22. Water and gas works, as well as the supply and distribution of water and 14 June 1887, § 16. gas, the opening, the grading, re-grading, paving, re-paving, cleaning and lighting P. L. 395. of streets and highways, the construction and repair of public buildings, bridges of department of and structures of every kind for public use, public parks, markets, surveys, engi- public works. neering, sewerage and drainage, and all matters and things in any way relating to or affecting the highways, footways and wharves of the city, shall be under the direction of the department of public works. Ibid. § 17. charities. 23. To the department of charities shall be confided the care, management, administration and supervision of the charities, almshouses and hospitals, and of department of all other similar institutions, the expenses of which are paid out of the city 16 June 1891, § 1. 24. The office of director of the poor in cities of the second class be and the Office of director same is hereby abolished. All acts or parts of acts, general or local, inconsistent of the poor abolherewith are hereby repealed. treasury. P. L. 310. ished. 25. Such other departments shall be constituted and have such powers as may be 14 June 1887 § 18. conferred upon them by ordinance.(n) P. L. 395. Other departments Ibid. § 19. 26. Every person who shall be connected with or employed by the police depart- may be constiment, the fire department, the board of health, the guardians of the poor, and all tuted. other officers and employés of the city, shall be transferred to the appropriate department hereby provided for, and shall continue to receive the same salary and Present officers and employés to compensation until the same shall be altered by ordinance of councils. be transferred. 27. Prior to the first day of February, Anno Domini one thousand eight hundred Salaries. and eighty-eight, the heads of the departments herein provided for shall give such Ibid. § 20. security for the faithful discharge of duty as may be provided by ordinance, and Heads to give each shall appoint and be responsible for the officers and employés of their several security. departments. Appoint officers and employés. 28. Each department shall have power to prescribe rules and regulations not in- Ibid. § 13. consistent with any law or ordinance for its own government, the conduct of its Each department officers, clerks and employés, the distribution and performance of its duties, and to prescribe rules the custody, use and preservation of the books, records, papers and property under for its own govern its control. 29. Each department shall furnish to the mayor or councils such information as he or they may at any time demand in relation to its affairs. 30. The head of each department shall make monthly reports to councils of the condition of his department, showing the number of employés, the character of the contracts made by his department, the state of its finances, and such other matters as he may deem worthy of their consideration. ment, &c. Ibid. § 14. Inform mayor or councils on demand. Ibid. § 22. Monthly reports to councils. Ibid. § 5. 31. For the purpose of re-distributing the powers conferred and duties imposed upon the officers, departments and boards of the city government, contained in existing laws, ordinances and regulations, not repealed or supplied by the provisions Powers and duties of present officers of this act, every power heretofore conferred or duty imposed upon any municipal to be deemed those executive officer, not inconsistent with the provisions of this act, shall be deemed of department. and construed to be the power or duty of the proper department, board or officer, who shall have control of the subject-matter in the appropriate department hereby created or authorized. (n) Ibid. § 6. 32. Whenever words are used in any existing law, ordinance, resolution or contract in force prior hereto referring to any department or officer of city govern- Words used in exment, and such law, ordinance or resolution is not supplied or repealed by this act, isting laws deemed they shall be deemed to mean and apply to the proper officer and department having to apply to departrelation to the subject-matter, whether named in this act, or in the ordinance reorganizing the departments. (n) 33. The offices of controller, treasurer, city attorney, board of assessors, city clerks (n) These sections are unconstitutional. 14 June 1887 § 9. and collector of delinquent taxes, shall remain as heretofore, (o) except as herein otherwise provided. P. L. 395. Certain offices to remain as hereto fore. 19 June 1893 § 1. P. L. 468. Election of board of assessors. Councils to fix salary. Vacancies. 5 May 1876 § 2. P. L. 124. Duties of assessors. Appeals. 19 June 1893 § 2. P. L. 46S. Classification of real estate. 5 May 1876 § 4. P. L. 124. Assessment books. Clerks. Ibid. § 5. Power to administer oaths. IV. Taxation. 34. The city council of any city of the second class shall, immediately after the passage of this act, and every third year thereafter, elect three resident citizens of such city as a board of assessors to make, revise or alter assessments of all subjects of taxation for taxation for city purposes, who shall serve for the term of three years from the date of their appointment. One of said assessors shall be designated as chief assessor, and each of said assessors shall receive such annual salary as the councils of such city may ordain and establish, and said board shall, immediately after their appointment, be severally sworn to faithfully perform the duties pertaining to their office. Any vacancy occurring in said board by death, resignation or otherwise, shall be filled by said councils for the unexpired term: Provided, however, That the councils shall not elect a chief assessor until the term for which the present assessor was elected shall have expired, and up to that time he shall act as chief assessor: And provided further, That whenever two assessors are to be chosen for the same term of service, each member of council shall vote for one only, and when three are to be elected he shall vote for no more than two.(p) 35. Said board of assessors shall make an assessment of all the subjects of taxation now by law or hereafter made subject to taxation for city purposes, and shall take as the basis of such assessment, the assessments as returned by the ward assessor of the several wards of said city to the county commissioners, a copy of which shall be furnished to said board by said county commissioners of the county in which said city is situated; and shall have power to revise, equalize or alter such assessments, by increasing or reducing the valuations, either in individual cases, or by wards or parts of wards, to add to such lists of assessments any subject (object) of taxation subject to taxation as aforesaid, omitted therefrom, and attach à valuation thereto; and it shall be their duty to rectify all errors, and if deemed necessary, to require the attendance of ward assessors or other citizens before them for examination, under oath or affirmation; they shall hear and determine all appeals of taxpayers from their assessments, made under such rules and regulations as they shall prescribe, subject to an appeal from their decision to the court of common pleas of the county, whose decision shall be final; and if the appeal shall be groundless, the appellant shall pay all the costs of the appeal. 36. When said board shall have altered and amended the lists of all taxable property so as to arrive at its true cash value, they shall then ascertain the aggregate amount of the value of the entire taxable property of said city, which valuation shall remain the lawful valuation for purposes of city taxation until altered as herein provided; the said board then shall proceed to classify the real estate so assessed in such manner and upon such testimony as may be adduced before them, so as to discriminate between built-up property, rural or suburban property, and property used exclusively for agricultural or farm purposes, including untillable land, respectively, and to certify to the councils of said city, during the month of January of each year, the aggregate valuation of city, rural and agricultural property subject to taxation, and in so classifying said property the character and purpose for which said property is used shall determine its classification. It shall be the duty of said councils, in determining the rate of taxation for each year, to assess a tax upon said agricultural farm and untillable land equal to one-half of the highest rate of tax required to be assessed for said year, and upon said rural or suburban property a tax not exceeding two-thirds of the highest rate required to be assessed as aforesaid, so that upon the said classes of real estate of said city there shall be three rates of taxation.(q) 37. The said board shall have custody and control of all books relating to the assessment of taxes, and keep them arranged according to wards and dates, and shall furnish the city treasurer, on or before the first day of June of each year, an alphabetical list of all persons taxable for city purposes, with the amounts of tax levied by councils for the current year, and report the aggregate amount of said taxes assessed, to the city controller, at the time the said books are placed in the hands of the city treasurer. The said board shall have authority to employ the necessary clerks, whose compensation shall be fixed under direction and authority of councils. 38. The said board shall have power to administer oaths or affirmations for all purposes necessary in the discharge of their duties. The said assessments, when first made, shall remain until the next triennial county valuation, subject to only such additions and transfers, and other incidental alterations as said board shall deem necessary to perfect the assessment for each year's tax levy; and thereafter revised triennially. it shall be the duty of said board each year in which the triennial county valua Assessments to be (0) This provision does not violate article III., § 6, of the constitution. Pittsburgh's Petition, 138 P. S. 401. (p) This is an amendment of the act 5 May 1876, § 1. P. L. 124. (q) This is an amendment of the act 5 May 1876, § 3. P. L. 124. P. L. 124. tion is made, to alter, revise and equalize valuations as aforesaid, with the power 5 May 1876 § 5. P. L. 395. made at actual 39. The board of assessors shall assess all property taxable for city purposes 14 June 1887 § 23. at its actual cash value: Provided, That no property shall be assessed for a less amount than the price paid for it at the last recorded sale, except when reduc- Assessments to be tions are made for improvements, removed or destroyed: Provided further, That cash value. this act shall not be construed to repeal acts now in force for the classification of Reductions. property for purposes of city taxation: And provided further, That a descriptive Laws relative to list of all real property assessed for city taxation shall be published in pamphlet classification to form on the completion of each assessment, under such regulations as may be Descriptive list of prescribed by ordinance. V. City debt. remain in force. real property. P. L. 395. Increase prohib 40. Any increase of the interest, bearing bonded indebtedness of cities of the 14 June 1887 § 24. second class, is hereby prohibited, unless the same shall be approved by an affirmative vote of a majority of the qualified electors voting thereat, at an election pro- ited unless by vided for by ordinance of councils. VI. Street improvements. vote. P. L. 386. 41. The select and common councils of any city of the second class be and 14 June 1887 § 1. they are hereby authorized to lay out and open streets, lanes and alleys, or parts thereof, in any such city, whenever they may deem the same necessary, and to Councils authorwiden, straighten or extend any that are now laid out or open, or that may ized to lay out, hereafter be laid out or opened, and to vacate any street, lane or alley, or any part vacate streets, open, improve or thereof. lanes or alleys. 42. In opening, widening, straightening or extending streets or other highways, or vacating the same, or any part thereof, the value of the property taken, or damages done to property thereby, shall be levied and collected upon the several prop- levied upon the erties benefited by such improvement, in the manner provided in section twelve of properties benethis act. fited. Ibid. Damages to be See amendmen 43. The councils shall have and are hereby given the authority to order and Ibid. § 2. direct the grading, paving or macadamizing of any public street, lane or alley, or Councils may orany part thereof, which is now or hereafter may be laid out and opened in any such der grading, pavcity, or which may be in whole or in part boundaries of said city, and have the ing and curbing on same set with curbstone, whenever the same shall be petitioned for by one-third third in interest of in interest of the owners of property fronting or abutting upon any street, lane or owners. alley. petition of one tion. 44. Such petition shall be accompanied by an affidavit of some creditable person Ibid. interested therein, setting forth that the names attached thereto are the genuine signatures of the persons represented, that they are the owners of property on the Affidavit to petistreet, lane or alley, or portion thereof proposed to be opened, graded, paved or otherwise improved, and that the signers thereof own the one-third of the property fronting or abutting thereon. Ibid. 45. Upon the presentation of such petition, the council shall have and are hereby given the authority to order and direct such improvement to be made; and there- Facts in regard to after the fact that such petition was signed by one-third of the owners of property interest of petion such street, lane or alley, shall not be questioned in any proceedings had in tioners not to be accordance therewith. questioned. Ibid. Expenses of grading, &c., to be assessed upon properties benefited. Ibid. 46. In grading, paving or macadamizing any public street, lane or alley, or any part thereof, the cost and expense shall be assessed upon and collected from the several properties benefited thereby, in the manner hereinafter provided. 47. No ordinance shall be passed for the opening, grading, paving, curbing, straightening or vacating any street, lane or alley, or for the construction of any sewer, until such ordinance shall have been referred to the board of viewers, Ordinance for with instructions to examine and report to councils whether or not the benefits opening and improving to be first to be derived from such improvement will be sufficient to pay for the same, and referred to board they shall accompany their report with an estimate of the cost of such improve- of viewers. ment, and a statement of the property benefited, with an estimate of the amount Duties of viewers. of such benefits; and if it shall appear by such report that the benefits are Not to be passed sufficient to pay for the cost of the improvement, and councils shall approve the cient to pay cost. report, the ordinance for such improvement may then be passed; but if it shall appear from the report of viewers that the benefits to be derived are insufficient to pay the cost of improvements, all further proceedings shall be suspended. if benefits insuffi Ibid. § 3. General plan of 48. Every city shall have a general plan of its streets, including those which have been or may be laid out but not opened; and all sub-divisions of property streets to be made. thereafter made shall conform thereto. 49. No street laid out and confirmed shall afterwards be altered without the consent of councils, and no map or plot of streets shall be entered or recorded, or have Alterations. any validity, until approved by councils. Ibid. Мар. 50. Whenever the said councils shall lay out, open, widen, straighten or extend Ibid. 14 June 1887 § 3. any street, lane or alley, they shall, in the ordinance, fix the location, breadth and length of the same. P. L. 886. Councils to fix location, &c. Ibid. § 4. Councils to ap point a board of viewers. Term. Removals. Vacancies. Ibid. § 5. Special viewers. Ibid. § 6. Viewers to be Ibid. sworn. . To give notice of the time and place of view. Ibid. To administer oaths. Ibid. Appraise damages. Ibid. Assess benefits. Ibid. 51. It shall be the duty of any court of common pleas of the proper county, upon the petition of the city attorney, in the month of January succeeding the passage of this act, and every three years thereafter, to appoint three discreet freeholders of the proper city, as viewers on street improvements, (r) to serve for the term of three years, or until their successors are duly appointed and qualified. The court shall have power to remove the viewers, or any of them, at any time upon the address of councils, and to fill any vacancy for the unexpired term which may occur by death or otherwise. 52. Whenever it shall appear to the court that any of the viewers is interested in any improvement for which an assessment is to be made, or from any other cause is unable to serve, it shall be the duty of the court to appoint a disinterested freeholder of the city to act in his stead in making the assessment in such particular case or cases. 53. The viewers shall, before entering upon their duties, be severally sworn or affirmed to perform the duties of their appointment with impartiality and fidelity: 54. First. They shall give at least five days' notice of the time and place when and where they shall meet and view the premises, and receive claims for damages, and also of the time and place when they will hear evidence on the subject of benefits and damages. 55. Second. They shall have power to administer oaths and affirmations to witnesses whom they may examine. 56. Third. Make a true and conscionable appraisement of the damages, taking into consideration the advantages and benefits as well as the disadvantages, which any owner or owners may sustain by reason of the proposed improvement. 57. Fourth. Assess the damages so ascertained equitably and justly upon the properties to be benefited by the improvement. 58. Fifth. Prepare a plot of the proposed improvement, indicating its location and the location boundaries and improvements of each property damaged or beneTo prepare a plot. fited, with the name of the owners thereof, respectively. Ibid. 59. Sixth. Prepare a statement, showing the amount of damage allowed and the Prepare statement. assessment of benefits in each case. Ibid. To give notice of such plot, &c. Ibid. Hear complaints and evidence. 60. Seventh. Give ten days' notice to the owner of each property at the time and place when and where the plot and statement may be examined and complaints or evidence on the subject heard. 61. Eighth. Hear and consider complaints and evidence presented, at the time and place appointed, and after making such modifications, if any, as they may deem just, make report to the city councils, accompanied by the plot aforesaid, Report to councils. stating the damages allowed in each case, and to whom payable, and also describing each property as assessed, the amount assessed thereon, and the name of Ibid. Petition of owner damaged. To be referred to board of viewers. Must be presented within thirty days. Ibid. the owner. 62. Ninth. Any owner who shall have sustained damages by reason of the opening, widening, straightening or grading of any street, lane or alley, or part thereof, in any such city, done in pursuance of this act, shall have the right to petition the councils thereon; and upon such petition being presented, it shall be the duty of councils to refer the same to the board of viewers of street improvements to appraise the damages of the petitioner and make the assessments therefor, which petition shall be presented to councils within thirty days after the completion of such opening, widening, straightening or grading. The time of such completion shall be conclusively determined by the certificate of the city engineer or officer having charge of the improvements. 63. The councils may, however, before the commencement of the improvement, and without any petition, refer the assessment of any damages and benefits to the board of viewers of street improvements, to whom all claims for without petition. damages shall be submitted, and none others shall thereafter be received or allowed. Councils may refer before action and Ibid. § 7. Appeal to councils. Ibid. § 8. 64. The city councils shall hear appeals by any party aggrieved by the report of the viewers, and shall have power to approve the report, to send the same back for further action, or quash the proceedings. 65. When the report of viewers is approved by the councils, such approval shall be final, binding and conclusive upon all parties, unless within ten days Approval final unless appealed from thereafter some person interested therein shall present a petition to the court of within ten days to common pleas, by whom the viewers were appointed, containing a clear and succinct statement of each and every ground of objection to the report, and upon hearing thereof, all other objections shall be regarded as waived, and no other objection shall be considered. common pleas. Ibid. Notice and copy to city attorney. 66. The petitioners shall notify the city attorney of the time of making his, her or their application, and furnish him a copy of such petition and specification of objections. (r) The sections of this act providing for the creation and fixing the powers and duties of the board of viewers are unconstitutional. Wyoming Street, 137 P. S. 494. P. L. 386. 67. The court shall direct the application to be filed, and upon notice of the 14 June 1887 § 8. filing thereof, the clerk of councils shall certify to the court all papers and proceedings in the case; and thereupon the court shall take such action in the Powers and duties premises as they may deem right and proper, and shall have power to hear evidence of the court on in open court, before a judge thereof, and modify or approve the report, or quash appeal. the proceedings, or appoint reviewers, who shall proceed in like manner ; and the court shall have like power to hear evidence, or to modify, approve or quash their report; and the final order and decree of the court thereon shall be binding and conclusive upon all parties. 68. After the approval by the councils of the report of the board of viewers Ibid. § 9. of street improvements, in the opening of streets and the assessment of damages City attorney to by grade, the plot and report of the viewers shall be transmitted to the city collect assessment attorney to collect the assessment and pay the damages; he shall give notice, and pay damages. that if the assessments are not paid within thirty days thereafter, liens will be filed against the properties assessed, for the unpaid assessment, with interest, cost Notice to owners and fees. Ibid. pay ment, liens to be 69. If the assessments are not paid within thirty days after final confirmation by the councils, or the court in case of appeals, he shall file liens therefor In default of within the time provided in section eighteen of this act, and proceed to collect the same, with interest from the date of the approval by councils, or by the court filed. in case of appeal, and five per centum in additional as the attorney's fee for Collection. collection. 70. The court of common pleas of the county, in which any city of the second Ibid. § 10. class is situated, shall have and are hereby vested with the power to make such Rules for speedy rules as may be necessary for a prompt and speedy hearing of all such petitions hearing of appeals. relating to street improvements. 71. No appeal taken or petition presented shall inure to the benefit of any other than the person or persons taking or presenting the same. 72. The pendency of the appeal or petition shall not prevent the city and its contractors from working upon and completing such portions of the improvement not covered by and embraced in the appeal or petition; nor shall the same prevent the city from ascertaining, assessing, collecting and paying the benefits and damages in the mode provided against those who have not appealed. Ibid. For benefit of those taking them. Ibid. Pendency. Ibid. § 11. 73. The amount of damages for the taking, injury or destruction of property, by reason of any street or sewer improvement shall, in case of appeal, be deter- Demand for jury mined by jury, according to the course of common law, upon the demand of any trial. person interested, but such demand shall be made within thirty days from the ascertainment of the damages, or the filing of a report thereof. 74. In case the demandant shall not recover, he shall pay all costs of the appeal. Ibid. Costs on failure to recover. Ibid. Record to be re 75. In case the award as fixed by the jury differs from the original report of the viewers, the court shall order the record of the cause or causes to be returned to the board of viewers of street improvements, with directions to assess the difference, turned to board of upon the properties the board may find benefited, to pay such difference; but in viewers to assess case no property can be found on which to assess the difference, then the same shall be assessed against and paid by the city. But either party shall have the right difference. of review in the supreme court, either by writ of error or appeal, as the case may Appeal, supreme require. difference court. 76. The damages, cost and expenses of grading, paving or macadamizing Ibid. § 12. streets or alleys shall be assessed by the viewers and collected in the following Assessment and manner: The viewers shall make a just and equitable appraisement of all dam- collection of damages, taking into consideration in the appraisement the advantages and benefits ages, &c., for as well as disadvantages, which any owner or owners shall or may be likely to grading, &c. Appraisement. sustain by reason of the improvement, and after ascertaining the whole amount of the damages, they shall assess the same equitably, justly and without partiality upon the properties which may be or will likely be benefited by the im- Assessment. provements. 77. The proceedings of the viewers, and the action on their report, shall be the same as is herein before provided in case of street openings. Ibid. Proceedings. Ibid. § 13. 78. Should an assessment for opening, widening, grading or paving be found insufficient, or declared invalid, an additional or new assessment may be ordered by When new assesscouncils, as in other cases. ment may be 79. Councils may authorize the construction of sewers in any street, alley, public ground or private property, the cost of which shall be assessed on the property benefited, in the same manner as hereinbefore provided for the grading, pav- authorized. ing or macadamizing of streets. Ibid. Construction through private 80. In case it may be necessary to construct sewers through private property, councils may provide therefor, and the damages to the property owner, after deducting his benefits, shall be ascertained in the same manner as hereinbefore provided for street improvements, and the amount of the damages property. remaining shall be included as a part of the cost of the same and paid ac- Damages. cordingly. 81. All municipal assessments for the grading, paving or curbing of any street, Ibid. § 15. |