Pennsylvania Act 1919-96 — MUNICIPAL BUILDING ERECTION AUTHORIZED IN COUNTY SEATS

Act text

MUNICIPAL BUILDING ERECTION AUTHORIZED IN COUNTY SEATS
                   Act of May 8, 1919, P.L. 130, No. 96               Cl. 53
                                  AN ACT

     Authorizing any county and city in any county in which the
        county-seat is within the limits of such city, to erect a
        joint county and municipal building or buildings; providing
        for the conditions and agreements under which such building
        or buildings may be erected and occupied, and for the
        ownership thereof; providing for the selection of a site for
        said building or buildings, and authorizing said county and
        city to make a sale or exchange of properties under certain
        conditions for the purpose of securing such site; authorizing
        the acquisition of property for such building or buildings by
        purchase or condemnation; and authorizing the county to issue
        bonds in payment of any indebtedness incurred for its share
        of the cost of such building, or buildings, and land.

        Compiler's Note:  Section 1 of Act 165 of 1970 provided that
            the limits heretofore imposed by Act 96 upon the rates of
            interest and interest costs permitted to be paid upon
            bonds, obligations and indebtedness issued by the
            Commonwealth or its agencies or instrumentalities or
            authorities, and by local political subdivisions or their
            agencies or authorities, are hereby removed for such
            bonds, obligations or indebtedness.
        Section 1.  Be it enacted, &c., That in each county in this
     Commonwealth where the county-seat is within the limits of any
     city, the county commissioners and the corporate authorities of
     such city shall have the power, and they are hereby authorized,
     to agree upon a site within the limits of such city, to acquire,
     own and hold the same as tenants in common, and to erect thereon
     a joint county and municipal building or buildings, to be used
     by the county for courthouse and other county purposes and by
     the city for municipal purposes. The county commissioners and
     the corporate authorities of such city shall agree upon and
     adopt plans for such building or buildings, and, upon the
     approval of such plans by the court of common pleas of such
     county, the county commissioners and the corporate authorities
     of such city shall have full authority to erect, upon the land
     thus obtained and held, the building or buildings so adopted and
     approved.
        Section 2.  It shall be lawful, and the county commissioners
     and the corporate authorities of such city are hereby authorized
     and empowered, to choose, for the site of such joint county and
     municipal building or buildings, land owned and held by the
     county, or land owned and held by the city. Whenever the site,
     chosen as aforesaid, consists of land owned and held by the
     county, it shall be lawful for the county commissioners of such
     county, and they are hereby authorized and empowered, to convey
     in fee to such city, at private sale and upon a fair valuation,
     such an undivided interest therein as may be agreed upon. It
     shall be lawful for the corporate authorities of such city, and
     they are hereby authorized and empowered, to pay in cash for
     such undivided interest, or, in their discretion, to convey in
     fee to the county, at private sale and at a fair valuation, in
     exchange for the conveyance to the city of the undivided
     interest aforesaid, any land owned by the city which, in the
     estimation of the corporate authorities of such city, is not
     needed for municipal purposes. The land, or any part thereof, so
     conveyed to the county, may be held and used by the county for
     county purposes, or, if in the estimation of the county
     commissioners it is not needed for such purposes, it may be sold
     by the county commissioners at either public or private sale.
        Whenever the site, chosen as aforesaid, consists of land
     owned and held by the city, it shall be lawful for the corporate
     authorities of such city, and they are hereby authorized and
     empowered, to convey in fee to such county, at private sale and
     upon a fair valuation, such an undivided interest therein as may
     be agreed upon. It shall also be lawful for the county
     commissioners of such county, and they are hereby authorized and
     empowered, to pay in cash for such undivided interest, or, in
     their discretion, to convey in fee to the city, at private sale
     and upon a fair valuation, in exchange for the conveyance to the
     county of the undivided interest aforesaid, any land owned by
     the county which, in the estimation of the county commissioners,
     is not needed for county purposes. The land, or any part
     thereof, so conveyed to the city, may be held and used by the
     city for municipal purposes, or, if in the estimation of the
     corporate authorities of such city it is not needed for such
     purposes, it may be sold by the corporate authorities of such
     city at either public or private sale.
        Section 3.  Any sale or conveyance of land or interest
     therein made pursuant to the provisions of this act, shall be
     subject to the approval of the court of common pleas of the
     proper county of the price agreed to be paid therefor and the
     terms and conditions thereof. The county commissioners and the
     corporate authorities of such city, for the construction of such
     building or buildings, are authorized and empowered to enter
     into a joint contract or contracts, and agreement or agreements,
     for the payment by each of its proportionate share of the cost
     of the construction maintenance, and operation of such building
     or buildings, with the right to provide in such agreement or
     agreements for the modification, from time to time, of the
     proportionate parts of the cost of maintenance and operation, as
     the county or city in fact uses a greater or lesser part of the
     building or buildings, to be apportioned upon the floor space
     occupied, or otherwise equitably determined. The county
     commissioners and the corporate authorities of such city are
     further authorized and empowered to agree between them as to the
     manner, and to what extent, each shall occupy the joint building
     or buildings so erected, and to make such other agreements, and
     do such other acts, as may be necessary to fully exercise the
     powers herein conferred.
        In the event that the county commissioners and the corporate
     authorities of such city are unable to agree upon the
     proportionate parts of the cost of construction, maintenance,
     and operation of such joint building or buildings to be paid by
     each, or upon any modification thereof which may be necessary
     from time to time, the question or questions shall, on motion of
     either party, be submitted to a board of arbitrators, one to be
     chosen by the county commissioners, and one by the corporate
     authorities of such city, and, if the two thus chosen are unable
     to agree, a third arbitrator shall be selected by them, the
     decision of a majority thereof, or of the original two, to be
     final and conclusive upon both the county commissioners and the
     corporate authorities of such city, without right of appeal.
     The expenses of such arbitration shall be borne equally by the
     county and the city, and the compensation of each arbitrator
     shall not exceed ten dollars per day for each day actually
     devoted to the duties of his appointment.
        Section 4.  If it shall be deemed necessary by the county
     commissioners and the corporate authorities of such city to
     acquire land for such building or buildings, then such county
     commissioners and corporate authorities are hereby vested with
     the necessary power and authority to acquire, in the name of
     such county and city, in such proportions of undivided interest
     as may be agreed upon, by purchase, condemnation, or otherwise,
     any and all such real estate, either vacant or occupied, as the
     respective authorities may deem necessary to furnish a suitable
     site or sites for such building or buildings, and to sell,
     convey, transfer, dispose of, or abandon the same, or any part
     thereof, as the county commissioners and the corporate
     authorities of such city may determine.
        Whenever the county commissioners and the corporate
     authorities of such city cannot agree on the terms of their
     purchase with the owner or owners of any real estate that has
     been selected as aforesaid, such county commissioners and
     corporate authorities, after having decided upon the amount and
     location thereof, may enter upon, take possession of, and occupy
     such land as may have been selected, and designate and mark the
     boundary lines thereof, and thereafter may use the same for the
     purposes authorized by this act.
        The funds which are raised by taxation in such county and
     city shall be pledged, and hereby are made security, to the
     owner or owners of any property taken for the purposes aforesaid
     for all damages they may sustain on account of the taking of
     such property. The title to all real estate acquired by
     condemnation proceedings, as herein provided for, shall be
     vested in such county and city in fee simple.
        When the county commissioners and the corporate authorities
     of such city shall enter upon and occupy lands for the purposes
     herein authorized, they, or the owners of such premises or any
     one of them in behalf of all of them, may present a petition to
     the court of common pleas of the county in which such land is
     situated, setting forth the facts, giving a description of the
     premises taken by metes and bounds, and the names of all the
     owners thereof; whereupon the said court shall appoint a jury of
     viewers, and shall fix a time for a hearing, when they shall
     view the said premises. Said time shall not be less than ten nor
     more than thirty days after their said appointment, of which
     time and place, five days notice shall be given by the
     petitioners to said viewers and other parties interested. If on
     account of nonresidence, or for any other reason, personal
     notice cannot be given, notice of such view shall be given as
     the court may direct.
        At the same time and place fixed for the said view, the said
     viewers, having first been duly sworn or affirmed to perform
     their duties with fidelity and according to law, shall view and
     examine the premises so taken, and, after hearing such parties
     as may desire to be heard, shall decide and make a true report
     to said court concerning the matters set forth in such petition
     and submitted to them, and, taking into consideration the
     quality and location of, and improvements upon, the land so
     taken and occupied, and taking into consideration the damages
     sustained and the benefits accruing, shall estimate and
     determine what amount of damages, if any, have been sustained by
     the owners of such premises by reason of the taking of said
     land, and to whom payable, if they can ascertain the legal
     owners thereof. Such hearing may be adjourned from time to time
     as such viewers may direct, and the said county commissioners
     and corporate authorities and the parties interested shall have
     at least five days notice of the filing of such report. If the
     actual owner of such premises, or any part thereof, by reason of
     nonresidence or otherwise cannot be notified, notice of the
     filing of such report shall be given as directed by the court.
        If no exceptions are filed to, or appeal taken from, said
     report, by any party interested, within thirty days after the
     filing thereof, the same shall be confirmed absolutely by the
     court, and the amount therein awarded to any person shall be a
     valid debt and obligation of such county and city, in the
     proportions of the interest acquired by each, collectible as
     provided by law.
        If on account of any liens existing against such premises, or
     if the actual owners thereof cannot be found, or if the owners,
     or any of them, refuse the amount awarded by such report, or if
     for any other reason the said county commissioners and corporate
     authorities cannot pay the sum awarded for such damages to the
     persons legally entitled thereto, they may pay the same into
     court, and thereafter the owners of such premises, or its lien
     creditors, shall look to said fund for all damages accruing to
     them on account of the taking of said property.
        Exceptions to, or appeals from, said report shall be disposed
     of according to the rules of said court.
        All costs and witness fees in any such case shall be borne
     equally by the county and city: Provided, That in cases where an
     appeal is taken by any property owners from the award made by
     any board of viewers, and the appellant does not recover a
     verdict for a greater amount than the viewers awarded, the
     appellant shall pay all costs of such appeal and trial.
        Section 5.  It shall be lawful for the county commissioners
     of such county, and they are hereby authorized and empowered, to
     incur or increase the indebtedness of the county to an amount
     sufficient to pay its share of the cost of any land or lands
     required and of erecting the building or buildings aforesaid, by
     issuing coupon bonds in sums of not less than one hundred
     dollars each, bearing interest at a rate not exceeding five per
     centum per annum, and the principal thereof reimbursable at a
     period not exceeding thirty years from the date at which the
     same are authorized.