Pennsylvania Act 1925-157 — FLOOD CONTROL, MUNICIPAL FINANCING

Act text

FLOOD CONTROL, MUNICIPAL FINANCING
                 Act of Apr. 16, 1925, P.L. 243, No. 157              Cl. 32
                                  AN ACT

     Authorizing counties, cities, boroughs, towns, and townships to
        appropriate money and to borrow money for use by the
        Commonwealth in the construction and completion of any
        project or improvement authorized by law for the conservation
        of water and control of floods; and providing for the
        expenditure and repayment of such moneys by the Commonwealth.

        Section 1.  Be it enacted, &c., That the word "municipality,"
     as used in this act, includes counties, cities, boroughs, towns,
     and townships.
        Section 2.  Any municipality is authorized from time to time
     to appropriate money or to borrow money and to increase its
     indebtedness within the limits prescribed by the Constitution
     for the purpose of assisting the Commonwealth in the
     construction and completion of any project or improvement for
     the conservation of water and the control of floods, by
     advancing to the Commonwealth for expenditure on such project or
     improvement the moneys so appropriated or borrowed.
        Section 3.  No such moneys shall be appropriated, borrowed,
     or advanced to the Commonwealth by any such municipality except
     for expenditure on a project or improvement which has been prior
     to the passage of this act authorized by law to be constructed
     and completed by the Commonwealth or any department, board or
     commission thereof for the conservation of water and the control
     of floods. Such moneys, when appropriated or borrowed, shall be
     paid over to the Secretary of Forests and Waters of the
     Commonwealth, who shall immediately pay the same over to the
     State Treasurer for safe-keeping. Such moneys so paid over to
     the State Treasurer shall be placed in a separate fund and shall
     be expended by the Department of Forests and Waters for the
     construction and completion of any project or improvement for
     the conservation of water and the control of floods authorized
     by law and designated by the municipality which has paid over
     said money, and for such purposes said moneys in said special
     fund from time to time are hereby appropriated. Payments from
     said fund shall be made by warrant of the Auditor General on the
     State Treasurer after requisition by the Secretary of Forests
     and Waters.
        Section 4.  The intention of the Commonwealth is hereby
     declared to repay without interest to the municipalities
     respectively all moneys so advanced in not more than fifteen
     equal biennial installments, commencing not later than three
     years after any such moneys were advanced. Such payments are
     intended to be made biennially by appropriations to the
     Department of Forests and Waters for the purpose of repaying
     moneys due to municipalities which shall have advanced the same
     for the construction and completion of projects and improvements
     for the conservation of water and the control of floods.
        Section 5.  The Department of Forests and Waters shall have
     full power to use and expend the funds advanced by
     municipalities under the provisions of this act on the projects
     and improvements designated, in the same manner as any funds
     heretofore or hereafter appropriated by the Commonwealth for the
     construction and completion of said project or improvement were
     authorized to be expended by law.
        Section 6.  The provisions of this act are severable, and if
     any of its provisions are held to be unconstitutional such
     decision shall not affect or impair the remaining provisions of
     this act. It is hereby declared as a legislative intent that
     this act would have been passed had such unconstitutional
     provision not been included therein.