This charter does not supersede, but takes effect subject to and in accord with, unless and until the Constitution of the Commonwealth of Pennsylvania is amended, and any legislation required by such amendment is enacted to provide otherwise, the following provisions of the act entitled "A further supplement to an act, entitled ‘An Act to incorporate the City of Philadelphia'", approved February 2, 1854, P.L. 21, commonly called the Consolidation Act, namely:
"Section 1. ... the corporate name of the mayor, alderman, and citizens of Philadelphia shall be changed to ‘The City of Philadelphia', and the boundaries of the said city shall be extended so as to embrace the whole of the territory of the county of Philadelphia, and all the powers of the said corporation, as enlarged and modified by this act, shall be exercised, and have effect within the said county, and over the inhabitants thereof."
Section 10 which, as modified by Article VIII, Section 3, as amended, of the Constitution, Section 5 of the Act of March 2,1911, P.L. 8, and Article XI, Section 1, of the Act of June 25, 1919, P.L. 581, provides in part that the qualified voters of the City shall, on the Tuesday next following the first Monday of November, 1913, and on the Tuesday next following the first Monday of November in every fourth year thereafter, elect a City Treasurer to serve for four years from the first Monday of January next succeeding such election and until a successor is elected and qualified and that no money shall be drawn from the Treasury of the City, except the same shall have been previously appropriated by the Council to the purpose for which it is drawn. 311
Section 12 which, as modified by Article VIII, Section 3, as amended, of the Constitution, Section 5 of the Act of March 2, 1911, P.L. 8, and Article XII, Section 1, of the Act of June 25, 1919, P.L. 581, provides that the qualified voters of the City shall, on the Tuesday next following the first Monday of November, 1913, and on the Tuesday next following the first Monday of November in every fourth year thereafter, elect a City Controller, to serve for the term of four years from the first Monday in January next succeeding the Controller's election and until a successor is elected and qualified. 312
Section 13 which, as modified by Article VIII, Section 3, as amended, and Article XIV, Sections 2 and 7, as amended, of the Constitution and Section 33 of the Schedule to the Constitution provides in part that the qualified voters of the City shall, on the Tuesday next following the first Monday of November, 1911, and every fourth year thereafter on the Tuesday next following the first Monday of November, elect three persons for City Commissioners, to serve four years from the first Monday of January next succeeding their election; that in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; and that the City Commissioners, under the direction and control of the Council, shall be charged with all duties performed by the commissioners of the county not otherwise provided for in the act.
"Section 38. That the net debt of the county of Philadelphia, after deducting and canceling the portion held by the sinking fund, and the several net debts of the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, of the mayor, aldermen and citizens of Philadelphia, of the commissioners and inhabitants of the district of Southwark, of the commissioners and inhabitants of the district of Moyamensing, of the commissioners and inhabitants of the Kensington district, of the commissioners and inhabitants of the incorporated district of the Northern Liberties, of the commissioners of the district of Spring Garden, of the commissioners and inhabitants of Richmond, in the county of Philadelphia, the districts of West Philadelphia and Belmont, of the boroughs of Whitehall, Manayunk, Germantown, Aramingo and Frankford, and of the commissioners and inhabitants of the district of Penn, and the board of health and controllers of the public schools, after deducting and canceling the portions held by the respective sinking funds of the said several corporations, is hereby consolidated and formed into one debt, to be called ‘the debt of the city of Philadelphia', and payable at the same times that the principals of said debts are now made payable; certificates of which said debts are to be issued in sums of not less than one hundred dollars, in lieu of the present separate debts so consolidated, to the respective owners, in lieu of their present certificates of the same, at the option of such owners, bearing the same rate of interest that the debts so to be exchanged now bear, and payable on the first days of January and July, at the office of the treasurer of the city of Philadelphia...."
"Section 39...; and the said city councils shall fix the rate, and levy all the taxes, now authorized by law, within the limits of said city and county, except the State tax...; they shall be collected and accounted for to the treasurer as one city and county tax:...."
"Section 41. The county of Philadelphia shall continue to be one of the counties of this Commonwealth, and all county officers, not superseded by this act, shall continue in office, and continue to be elected ... as ... now provided by law, and be denominated officers of the county of Philadelphia; and all courts shall continue therein to exercise the jurisdictions and powers now conferred upon them by the constitution and laws of this Commonwealth; and the councils of said city, and the officers thereof, shall exercise all the powers and authorities of the superseded county commissioners and county board, and commissioners of sinking fund, and of other officers not inconsistent with this act, in such way and manner as by this act is, or by the city councils may be established."
ANNOTATION
Sources: See Acts cited in text of section.
Purposes: See Annotation to Section 11-101. Sections of the Consolidation Act of 1854, as amended, are stated in substance or quoted to emphasize that they have not been superseded.
Notes
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