Pennsylvania Act 1937-509 — SECOND CLASS CITIES, WATERWORKS

Act text

SECOND CLASS CITIES, WATERWORKS
                 Act of Jul. 1, 1937, P.L. 2637, No. 509              Cl. 11
                                  AN ACT

     Authorizing and empowering cities of the second class to erect
        and construct waterworks, as herein defined, within and
        without their corporate limits, to acquire property, as
        herein defined, within and without their corporate limits by
        purchase, lease, gift, and the power of eminent domain, and
        to use, purchase, sell, dispose, and supply water within and
        without their corporate limits; prescribing the powers and
        duties of such cities; providing for the assessment of
        damages; and repealing inconsistent laws.

        Section 1.  Be it enacted, &c., That the word "property" as
     used in this act shall be construed to mean and include lands,
     buildings, earth, sand, clay, gravel, rock, stone, wood,
     materials, springs, streams, rivers, lakes, easements, and
     rights of way together with any facilities constructed thereon.
        The term "waterworks" as used in this act shall be construed
     to mean reservoirs, dams, storing lakes, power plants, viaducts,
     aqueducts, canals, tanks, cisterns, water mains and pipes,
     pumping stations, filtration plants, buildings, machinery, and
     any other works connected with a public water supply system and
     necessary for the collection, reception, storage, purification,
     conveyance, and distribution of water for domestic and
     industrial consumption.
        The word "city" means a city of the second class.
        Section 2.  Any city shall have power and authority to
     acquire by purchase, lease, gift or the exercise of the power of
     eminent domain any property, whether situate within or without
     the corporate limits of such city, and to erect or construct
     thereon waterworks for the purpose of using, purchasing,
     selling, disposing, and supplying water both within and without
     its corporate limits. Any such city shall have power to lay its
     water mains and pipes over or under any creek, stream, river,
     bridge, highway, railroad or railway.
        Section 3.  Whenever any city shall exercise the power of
     eminent domain for any of the purposes of this act, it shall not
     be necessary for such city to give or tender security for the
     taking, injury or destruction of property, but the funds raised
     or proper and lawful to be raised by the power of taxation in
     such city shall be pledged, and are hereby made security, to the
     owner or owners of property so taken, injured or destroyed, for
     all damages which they may sustain on account of such taking,
     injury or destruction, and such city shall not be required to
     give or tender any further security or to give or tender any
     bond or bonds whatsoever.
        Section 4.  Whenever any city has condemned property for
     waterworks purposes under the provisions of this act in any
     county of this Commonwealth other than the one in which such
     city is located, it shall record a copy of the ordinance making
     such condemnation in the office of the recorder of deeds of each
     county where any of such property is located, together with any
     subsequent amendments or supplements to such ordinance.
        Section 5.  Upon the recording of the ordinance of
     condemnation in the county where any property is located, it
     shall be lawful for the city by its officers, agents or
     contractors to enter upon and take possession of any property so
     condemned and to erect and construct thereon waterworks and to
     do all things necessary for the purpose of fully carrying out
     the purposes of this act.
        Section 6.  If the owner, lessee or occupier shall refuse to
     remove his personal property or give up possession of any
     property taken by the city in the exercise of its power of
     eminent domain, the city may serve written notice upon such
     owner, lessee, or his agent, or the occupier, to remove his
     personal property and give up possession of such property within
     sixty days from the date of the service of such notice.
        If the owner, lessee or occupier shall refuse to remove his
     personal property and give possession, upon proof of the service
     of the notice, a writ of habere facias possessionem shall
     forthwith issue, directing the sheriff to give to the city
     possession.
        Section 7.  If any city, in erecting and constructing
     waterworks, shall find it necessary, in storing water, to occupy
     and overflow with water any portion of any public road, the city
     shall cause such road to be reconstructed at its own expense on
     a favorable location and in as perfect a manner as the original
     road, and for such purposes is authorized to condemn lands.
     Whenever an agreement as to the price cannot be had with the
     owners, the damages for land so taken shall be assessed as
     herein provided in the case of property taken for waterworks
     purposes.
        Section 8.  The city shall attempt to agree with the owner of
     any property taken or to be taken, injured or destroyed as to
     the amount of damage done or likely to be done to him in the
     taking of such property and in the erection and construction of
     such waterworks, and, if no agreement can be reached, or if the
     owner cannot be found, or is not sui juris, the city or the
     owner or any person interested may apply by petition to the
     court of common pleas of the county where the property is
     located or to any law judge thereof in vacation, whereupon the
     court or judge shall appoint three viewers, from the county
     board of viewers, to view and ascertain the damages done by
     reason of said taking, use, occupancy, injury or destruction,
     and appoint a time not less than twenty nor more than thirty
     days thereafter when the viewers shall meet at or upon the
     premises affected. Thereupon the same proceedings shall be had
     for the assessment of damages and the costs and expenses in
     connection therewith, with the same right of appeal and trial by
     jury as is provided by the act, approved the sixteenth day of
     May, one thousand eight hundred and ninety-one (Pamphlet Laws,
     seventy-five), entitled "An act in relation to the laying out,
     opening, widening, straightening, extending or vacating streets
     and alleys, and the construction of bridges in the several
     municipalities of this Commonwealth, the grading, paving,
     macadamizing or otherwise improving streets and alleys,
     providing for ascertaining the damages to private property
     resulting therefrom, the assessment of the damages, costs and
     expenses thereof upon the property benefited, and the
     construction of sewers and payment of the damages, costs and
     expenses thereof, including damages to private property
     resulting therefrom," and the amendments and supplements
     thereto.
        Section 9.  Any such city shall have power, with the consent
     of the owner thereof, to connect its waterworks with any other
     waterworks within and without its corporate limits and to use,
     purchase, sell, dispose, and supply of water.
        Section 10.  All acts and parts of acts, general, local or
     special, inconsistent with this act, are hereby repealed; but
     this act shall not be construed to repeal or modify the act,
     approved the eighth day of April, one thousand nine hundred
     thirty-seven, Act Number 64, entitled "An act providing for the
     appropriation of certain waters of the Commonwealth for the
     benefit of the people thereof; declaring void certain
     condemnations and appropriations of waters by municipalities,
     corporations, copartnerships or persons; providing for
     ascertainment of the validity and the filing of the records of
     certain condemnations and appropriations of water by
     municipalities, corporations, copartnerships or persons, and
     appeals therefrom; conferring jurisdiction on the court of
     common pleas of Dauphin County in relation thereto; providing
     for future condemnations and appropriations of waters by and
     allocation of waters to municipalities, corporations,
     copartnerships or persons, and for compensation for waters
     hereafter to be taken for public water supply purposes; and
     conferring powers and imposing duties upon the Water and Power
     Resources Board"; and it is the legislative intent that the
     power herein given, so far as it relates to condemnation of
     streams, rivers and lakes, shall be exercised in subordination
     thereto.
        Section 11.  The provisions of this act are severable, and if
     any of its provisions shall be held unconstitutional, the
     decision of the court shall not affect or impair any of the
     remaining provisions of this act. It is hereby declared to be
     the legislative intent that this act would have been adopted had
     such unconstitutional provisions not been included herein.
        Section 12.  This act shall become effective immediately upon
     final enactment.