Public sessions.

of such person, and his place shall be filled at the next regular municipal election occurring more than thirty days after such removal.

Section 4. All sessions of councils, and of all committees and sub-committees thereof, shall be public. No ordinance or resolution shall be passed finally on In case of public the day of its introduction, except in case of public emergency, and then only when requested by the city recorder and approved by the affirmative votes of all the members of councils.

emergency ordi

nance may be passed.

And appropriations made.

Eligibility of members of councils.

Office to be forfeited.

Proviso.

Contracts, how to be let.

Section 5. All taxes shall be levied and appropriations made annually, by general ordinances, prior to the first Tuesday of February, except such taxes as may be levied and appropriations as may be made to provide for the payment of the principal and interest of any bonds to be issued, and except also in cases of emergency, when, on a certificate signed by the city recorder and controller that such emergency exists, a special appropriation may be made to meet the same.

Section 6. From and after the passage of this act, no person shall be elected to the office of select or common council in cities of the second class who holds any other office, position or employment under the gov ernment of the United States or State of Pennsylvania, the county in which said city is located or in such city, except notary public or commissioner of deeds; and if any person who shall hereafter be elected a select or common councilman shall, during the term for which he was elected, take, accept or hold any office, position or employment under the government of the United States, the State of Pennsylvania, the county in which said city is located or in such city, except the office of notary public or commissioner of deeds. he shall at once forfeit the office of councilman and shall not hold such during the time for which he was elected; and it shall be the duty of the city recorder to order an election, within thirty days, of a councilman to serve out the term remaining of the councilman so forfeiting his office, providing there shall be at least six months of said term remaining after said election so ordered by the recorder.

ARTICLE XV.

Contracts.

Section 1. All contracts relating to city affairs shall be let to the lowest responsible bidder, after reasonable notice. When the contract exceeds two hundred and fifty dollars, such notice shall be by advertisement; when less than that amount, advertisement may be dispensed with. Contracts shall be let as hereto

publicly.

fore in each of the cities of said class as heretofore, but all bids shall be received and opened publicly by Bids to be opened the committee or official entrusted with the awarding of the contract, at a time to be designated in the advertisement or notice to bidders, and the figures shall be stated to the bidders then present.

be in writing.

All contracts shall be in writing, signed and exe- All contracts to cuted in the name of the city by the city recorder and head of the proper department. No contracts shall be entered into or executed directly by the councils or any committee thereof.

All contracts shall be countersigned by the controller, and filed and registered by number, date and contents in the city recorder's office, and attested copies furnished to the controller and the department charged with the work.

To be filed, regis

tered and num

bered.

estimate.

thereon.

Every contract for public improvements shall be To be based on based upon estimate of the whole cost, furnished by the proper officer through the department having charge of the improvement, and no bid in excess of such estimate shall be accepted. Every such contract shall contain a clause that it is subject to the provisions of this act, and the liability of the city thereon Liability of city shall be limited by the amounts which shall have been or may be, from time to time, appropriated for the same. In each and every instance where a contract is let to any person, firm, company or corporation, by any city of the second class, or any officer, officers or departments of such city, for any work, material, supplies, construction or excavation, of any kind, the person, firm, company or corporation shall give bond Contractors to to the city to the amount of fifty percentum of the give bond. estimated cost, with security to be approved by the city recorder.

officers and em

ployes shall net

be parties to

contract, etc.

No contract for work to be done for, or property or materials to be sold or supplied to the city, or any department thereof, shall be made with any councilman, officer or employe of such city, or with any firm, co-partnership or association of which such councilman, officer or employe is a member; and if any councilman, officer or employe, during the term for which he shall have been elected or appointed, knowingly acquires an interest in any such contract he shall forfeit his office. At the expiration of present con- Regulation of oftract, and every three years thereafter, the city recorder of each of the cities of the second class shall contract for a term of three years, with not less than three nor more than five daily newspapers, one of which shall be a daily newspaper printed in the German language, published within the county in which such city of the second class is situated, for the publication of all official advertising, the cost of which is payable out of the municipal treasury; which said official ad

ficial advertising.

vertising shall include all ordinances of councils, city recorder's proclamations, all official reports of the city officers, all notices for opening, widening, straightening, grading, paving and curbing, and vacation of streets, lanes and alleys, and the construction of sewers, including all viewers' reports and proposals for public work and supplies; such contracts to be let to the lowest bidder, agate measure, per line, for each thousand of circulation, the basis of the circulation to be the average daily sales (exclusive of Sunday, weekly, semi-weekly and tri-weekly issues, and also exclusive of all credits for returned or unsold newspapers, and newspapers distributed free of charge), of such newspaper for the six months next preceding the month in which such advertising may be published.

Section 2. In no case shall a contract for any material, machinery or process which is patented, or the supply of which is controlled by one person or company, be let with the contract for work or for other material or machinery.

The police power the city recorder

shall be vested in

and five police magistrates to be appointed by the recorder.

magistrate.

ARTICLE XVI.

Police Magistrates.

Section 1. The police power for taking information, making arrests and preservation of the peace, heretofore vested in the mayor, shall hereafter vest in the city recorder, and five police magistrates, all of whom shall not be of the same political party, to be appointed by the city recorder, subject to the approval of the select council, in such district of the city as Term of office of shall by ordinance be designated, whose term of office shall be during good behavior, and until a successor shall be appointed and approved. Upon the appointment by the Governor of a recorder, as herein provided for, the office of police magistrate in each of the existing cities of the second class shall at once become vacant, and the city recorders so appointed shall appoint five police magistrates, who shall serve during his term, but subject to removal by him, and each of said magistrates shall receive an annual salary to be fixed by councils. This act is not to be construed to repeal the act of June tenth, one thousand eight hundred and ninety-one, entitled "An act relating to and defining the power and duties of police magistrates in cities of the second class," in so far as the same is not inconsistent herewith. The magistrate so appointed, shall have all the powers and perform the duties given to and prescribed for said officers by existing laws for cities of the class aforesaid.

Subject to removal by city recorder.

Power of magistrates.

ARTICLE XVII.

Salaries.

Section 1. All city officers and employes shall re ceive a fixed salary for their services, and all fees and penalties shall be collected for the city and paid directly into the city treasury.

ARTICLE XVIII.

Official Bonds.

Salaries.

Bond of city retroller shall be approved by se

corder and comp

Section 1. All officers of said cities, before entering Bonds to be given. upon the discharge of the said duties, shall give bond for the faithful discharge thereof, in the sum prescribed by ordinance. The bond of the city recorder elected under the provisions of this act, and also the bond of the comptroller, shall be approved by select council, and those of other officers shall be approved by the city recorder and controller. The bond of the Where deposited. city recorder shall be deposited with the controller, and those of all other officers with the city recorder.

ARTICLE XIX.

Corporate Powers.

lect councils.

Section 1. The corporate powers, and the number, Corporate powers. character, powers and duties, of the officers of cities of the second class, now in existence by virtue of the laws of this Commonwealth, shall be and remain as now provided by law, except where otherwise provided by this act.

the second class.

Section 2. Every city of the second class within this Powers of cities of Commonwealth is hereby declared to be a body corporate and politic, and shall have perpetual succes

sion, and shall have power:

I. To sue and be sued.

Litigation.

II. To purchase and hold real and personal property To purchase and

for the use of the city.

III. To lease, and to sell and convey, any real or personal property owned by the city, and to make such order respecting the same as may be conducive to the interests of the city.

hold property.

To lease, sell erty.

and convey prop

IV. To make all contracts, and do all other acts in Contracts. relation to the property and affairs of the city necessary to the exercise of its corporate or administrative

powers.

V. To have and use a corporate seal, and alter the Corporate seal. same at pleasure, and every such seal shall have upon

it the word "Pennsylvania," the name of the city, and the year of its original incorporation.

The powers hereby granted shall be exercised by

Ordinances.

To levy and collect taxes for general revenue.

To provide for assessment and collection of taxes for payment of loans, etc.

To impose poll tax.

To levy a license tax.

To borrow money.

To increase indebtedness.

To issue bonds.

Proviso.

the mayor and councils of such cities in the manner herein provided.

Section 3. Every city of the second class, in its corporate capacity, is authorized and empowered to enact ordinances for the following purposes, in addition to the other powers granted by this act:

I. To levy and collect taxes for general revenue purposes, not to exceed ten mills on the dollar in any one year, on all persons, real, personal and mixed property, within the limits of said city, taxable according to the laws of the State of Pennsylvania for county purposes, the valuation of such property to be assessed as hereinafter provided.

II. To provide for the assessment and collection of taxes, in addition to the above, not exceeding one per centum on the dollar upon the assessed valuation in any one year, on all persons, real and personal property, and all other matters and things within said city, taxable for county purposes, for the payment of loans, to support the government, and to make the necessary improvements in said city.

III. To impose a poll tax for general revenue purposes, not exceeding one dollar annually, on all male inhabitants above the age of twenty-one years.

IV. Every city of the second class shall have power, for general revenue purposes, to levy and collect a license tax, to be fixed by ordinance, upon street railways, hack-drivers, auctioneers, and all and every corporation, company or individual doing business in said city, payable annually, and to regulate the collection of the same.

V. To borrow money on the credit of the city, and to pledge the credit and revenue thereof for the payment of the same, to an amount not exceeding two per centum upon the assessed value of the taxable property in said city, and with the consent of the people of the said city, obtained at an election held under the provisions of the Constitution and the general laws of this Commonwealth, to increase the indebtedness of such city to an amount not exceeding, in the aggregate, seven per centum upon the assessed valuation of the taxable property therein.

VI. To provide for the issuing of bonds, and for the application of bonds already issued, by cities hereafter incorporated, for the purpose of funding any and all indebtedness, now existing or hereafter created, of the city, now due or to become due: Provided, That said bonds shall be payable in not less than five years and not more than thirty years from the date of their issue, and that the same shall bear interest at a rate not exceeding six per centum per annum, with interest coupons attached, payable annually or semi-annually, and the said bonds shall not be sold or exchanged for less than their par value.