Opinion by
This is an appeal by Derr Enterprises, Inc., t/a West Lawn Beverage Co., Kohl Roofing & Siding Company, and Chester Irwin (Appellants) from a Final Decree of the Court of Common Pleas of Berks County, sitting in equity.
On June 29, 1973, the Wilson School District, a third class School District, adopted a mercantile tax resolution pursuant to The Local Tax Enabling Act
On March 13, 1974, Appellants brought suit in equity against the Wilson School District and Clayton D. Eehrer, the mercantile tax officer, (Appellees) challenging the validity of the tax. Appellants sought to enjoin enforcement of the tax resolution and sought a refund of all taxes and penalties collected pursuant to it. After hearing before the Honorable Frederick Edenharteb, sitting as Chancellor, the Appellants’ prayer for relief was denied. Exceptions were filed and, following argument before the court en banc, were dismissed. This appeal followed.
The first issue raised by Appellants is whether the mercantile tax is invalid as a recurring tax because it remains in effect from year to year without annual reenactment. Appellants cite Section 672 of the Public School Code of 1949
(a) In all school districts of the second, third' and fourth class, all school taxes shall be*400 levied and assessed by the board of school directors therein, during the month of February or March or April or May or June each year, for the ensuing fiscal year, except in districts of the second class where the fiscal year begins on the first day of January, in which the school taxes shall be levied and assessed during the month of October or November of each year. In such school districts the tax rate shall not exceed twenty-five mills on the dollar, on the total amount of the assessed valuation of all property taxable for school purposes therein. Each school district of the second, third or fourth class may also collect a per capita tax on each resident or inhabitant of such district over eighteen years of age, as herein provided. (Emphasis added).
A tax levy is, of course, the imposition of a tax by the formal and official action of a legislative body. Prichard v. Willistown Township School District, 394 Pa. 489, 500, 147 A.2d 380, 387 (1959).
Appellees, on the other hand, rely on Section 4 of the LTEA, 53 P.S. §6904, which provides in pertinent part:
Every such tax shall continue in force on a calendar or fiscal year basis, as the case may be, without annual reenactment unless the rate of tax is subsequently changed.
The applicable statutes are thus, in our view, irreconcilable insofar as they relate to the issue of annual reenactment of school taxes. It is the role of this Court to determine which statute shall prevail. In so doing, it is our duty to ascertain and effectuate the intention of the General Assembly. Statutory Construction Act of 1972, 1 Pa: C.S. §1921(a).
At this point, the foregoing would have been dis-positive. However, in 1972 an amendment was added to Section 672 of the PSC.
Provisions of a statute no longer effective because of having been deleted by an earlier amendment or otherwise shall not be construed as being revived by reenactment in an amendatory statute, unless it shall clearly appear by notice thereof in the title of the amendatory statute that the General Assembly intended to revive such provisions. (Emphasis added).
As we have already concluded, the provision of Section 672(a) of the PSC requiring annual reenactment was rendered ineffective by the 1967 amendment to Section 4 of the LTEA. The title of the 1972 amendment to Section 672 of the PSC gives notice only of a legislative intent to reduce certain age requirements. Thus, we must conclude that Section 4 of the LTEA continues to obviate the need for annual reenactment of school taxes imposed pursuant thereto.
Appellants also raise constitutional challenges to the mercantile tax resolution on equal protection and uniformity grounds, both facially and as applied. We believe Chancellor’s Edenharter’s adjudication (reported at 68 Berks 121 (1976) )
Finally, the Appellants assert that the court below erred in failing to make certain findings of fact. We
Accordingly, we affirm.
Order
And Now, this 26th day of January, 1978, the Order of the Court of Common Pleas of Berks County is hereby affirmed.
Act of Dec. ¿1, 1965, P.L. 1257, as amended, 53 P.S. §6901 et seq.
Act of March 10, 1949, P.L. 30, as amended, 24 P.S. §6-672.
Act of June 25, 1947, P.L. 1145 (repealed by Section 23 of tbe Act of December 31,1965, P.L. 1257).
Act of June 16, 1972, P.L. 449.
The opinion of the court below dismissing Appellants’ exceptions to the adjudication may be found at 69 Berks 28 (1976).
