Pennsylvania Act 1953-433 — PHILADELPHIA CITY - COUNTY CONSOLIDATION ACT

Act text

PHILADELPHIA CITY - COUNTY CONSOLIDATION ACT
                 Act of Aug. 26, 1953, P.L. 1476, No. 433             Cl. 11
                                  AN ACT

     To carry out the intent and purpose of Article XV, Section 1 and
        Article XIV, Section 8 of the Constitution of Pennsylvania,
        and to supplement the First Class City Home Rule Act,
        approved April twenty-one, one thousand nine hundred forty-
        nine (Pamphlet Laws 665), by vesting in the Council of the
        City of Philadelphia full powers to legislate with respect to
        the election, appointment, compensation, organization,
        abolition, merger, consolidation, powers, functions and
        duties of certain officers, offices, boards and commissions
        of the City of Philadelphia; providing that such officers may
        be made appointive or abolished; altering the term of the
        District Attorney of Philadelphia; and establishing the
        status of the Sheriff, City Commissioners, Board of Revision
        of Taxes and Registration Commission, the members of such
        board and commission, and the subordinates and employes of
        such officers, board and commission.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Declaration of Purpose.
        The purpose of this act is to carry out the intent and
     purpose of Article XV, Section 1 of the Constitution of
     Pennsylvania, known as the "Home Rule Amendment," and Article
     XIV, Section 8 of the Constitution of Pennsylvania, known as the
     "City-County Consolidation Amendment," by enabling the Council
     of the City of Philadelphia to abolish or provide for the
     appointment of certain elective officers to abolish certain
     offices, boards and commissions, and pursuant to Section 1-
     102(2) of the Philadelphia Home Rule Charter, to integrate and
     merge within the framework of the government of the City of
     Philadelphia functions heretofore performed by certain officers,
     offices, boards or commissions, so that hereafter all of these
     functions may be carried out by officers, offices, departments,
     boards or commissions of the City of Philadelphia under the
     provisions of the Philadelphia Home Rule Charter adopted by the
     electorate of the City of Philadelphia on April seventeen, one
     thousand nine hundred fifty-one, pursuant to the First Class
     City Home Rule Act of April twenty-one, one thousand nine
     hundred forty-nine (Pamphlet Laws 665).
        Section 2.  Powers of Council.--
        (a)  Subject to the provisions of the Philadelphia Home Rule
     Charter, the Council of the City of Philadelphia shall have full
     powers to legislate with respect to the election, appointment,
     compensation, organization, abolition, merger, consolidation,
     powers, functions and duties of the Coroner, Recorder of Deeds,
     City Treasurer, Clerk of the Court of Quarter Sessions, Oyer and
     Terminer and General Jail Delivery and the Board of Inspectors
     of the Philadelphia County Prison. The provisions of Section 1-
     102(2) of the Philadelphia Home Rule Charter are hereby
     validated and the power of Council to act thereunder is hereby
     confirmed.
        (b)  The Council of the City of Philadelphia may abolish or
     alter the manner of selection of any of the above officers
     without submitting the determination of that question to the
     electorate of the City of Philadelphia.
        (c)  Subject to the provisions of the Philadelphia Home Rule
     Charter and the First Class City Home Rule Act of April twenty-
     one, one thousand nine hundred forty-nine (Pamphlet Laws 665),
     the Council of the City of Philadelphia shall have full powers
     to legislate with respect to the election, appointment,
     compensation, organization, abolition, merger, consolidation,
     powers, functions and duties of the Sheriff, City Commissioners,
     Registration Commission and Board of Revision of Taxes, or its
     successor, with respect to the making of assessments of real and
     personal property as provided by act of Assembly. The provisions
     of Section 1-102 (2) of the Philadelphia Home Rule Charter are
     hereby validated and the power of Council to act thereunder is
     hereby confirmed. ((c) added Aug. 13, 1963, P.L.795, No.395)
        (d)  Legislation adopted by the Council of the City of
     Philadelphia under the authority of subsection (c) of this
     section shall not be effective until approved by the electorate
     of the City of Philadelphia in the same manner as amendments to
     the Home Rule Charter under the First Class City Home Rule Act.
     ((d) added Aug. 13, 1963, P.L.795, No.395)
        Section 3.  District Attorney.
        The District Attorney shall continue to be elected, or, in
     the event of a vacancy, appointed as now provided by law,
     provided that the term of the District Attorney elected at the
     municipal election to be held in 1955 shall be for two years,
     and thereafter the District Attorney shall be elected for a term
     of four years, at the same municipal election as the Controller.
     The District Attorney shall take office on the first Monday in
     January in the year following his election.
        Section 4.  Continuation of Functions.
        Any act of the General Assembly heretofore granting powers to
     or imposing duties upon any of the officers, offices, boards or
     commissions named in section 2 hereof shall be deemed to vest
     such powers in and impose such duties upon the officers,
     offices, departments, boards or commissions who shall hereafter
     be vested with such powers and charged with such duties pursuant
     to any ordinance of Council.
        Section 5.  Sheriff, City Commissioners, Board of Revision of
     Taxes and Registration Commission. (5 repealed Aug. 13, 1963,
     P.L.795, No.395)
        Section 6.  Effective Date.
        This act shall become effective immediately upon final
     enactment.