ENVIRONMENTAL IMPROVEMENT COMPACT - REPEALED — 1972 Pa. Act 39 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 974, 1358 PRINTER'S NO. 1618
INTRODUCED BY MAHADY, MURPHY, W. E. FLEMING, FRAME AND
REIBMAN, JUNE 22, 1971
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 23, 1972
AN ACT
1 Providing for the establishment and dissolution of government of
2 areas and their powers involving two or more municipalities
3 or parts thereof.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 ARTICLE I
7 Short Title; Definitions; Applicability
8 Section 101. Short Title.--This act shall be known and may
9 be cited as the "Environmental Improvement Compact."
10 Section 102. Definitions.--As used in this act:
11 (1) "Environmental improvement compact," means a structure
12 of government and powers concerning one or more municipal
13 functions involving two or more municipalities within the
14 Commonwealth of Pennsylvania under procedures established within
15 this act.
16 (2) "Board" means the Environmental Improvement Compact
17 Board elected under the provisions of this act.
1 (3) "Election officials" means the county boards of
2 election, except in Philadelphia where "elections officials"
3 means the City Board of Elections.
4 (4) "Electors" means the registered voters of any
5 municipality involved in proceedings relating to the
6 Environmental Improvement Compact.
7 (5) "Governing bodies" means boards of county commissioners,
8 city councils and mayors, borough or incorporated town councils
9 and mayors, commissioners of townships of the first class and
10 supervisors of townships of the second class, as defined in
11 existing law or any newly created governmental body.
12 (6) "Municipality" means county, city, borough, incorporated
13 town or township.
14 Section 103. Applicability.--This act establishes the
15 procedure for and shall apply to environmental improvement
16 compacts of all municipalities, including home rule
17 municipalities.
18 ARTICLE II
19 Initiative
20 Section 201. Proposal by Electors.--A referendum on the
21 question of the creation of an environmental improvement compact
22 may be initiated by electors of two or more municipalities as
23 herein provided.
24 Section 202. Initiative Petition; Filing.--(a) A petition
25 containing a proposal for referendum on the question of adopting
26 an environmental improvement compact on one or more municipal
27 functions, signed by electors comprising two per cent of the
28 number of electors voting for the office of Governor in the last
29 gubernatorial general election in each municipality involved may
30 be filed with the election officials at least ninety days prior
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1 to the next primary held in an even-numbered year or general
2 election.
3 (b) The petition shall designate a five, seven or nine
4 member board.
5 (c) The name and address of the person filing the petition
6 shall be clearly stated on the petition.
7 Section 203. Review of Initiative Petition.--The election
8 officials shall, within ten days after filing, review the
9 initiative petition as to the number and qualifications of
10 signers. If the petition appears to be defective, the election
11 officials shall immediately notify the person filing the
12 petition of the defect.
13 Section 204. Petition as Public Record.--The initiative
14 petition as submitted to the election officials along with the
15 list of signatories shall be open to public inspection in the
16 office of the election officials.
17 Section 205. Distribution of Petition.--When the election
18 officials find that the petition as submitted is in proper
19 order, they shall send copies of the initiative petition without
20 signatures thereon to the governing body of the municipalities
21 involved and to the Secretary of Community Affairs.
22 ARTICLE III
23 Municipal Referendum Ordinance
24 Section 301. Referendum Ordinance.--The governing bodies of
25 two or more municipalities may, by ordinance in each
26 municipality, provide for a referendum on the question of
27 adopting an environmental improvement compact. Ordinances shall
28 designate a five, seven or nine member board.
29 Section 302. Filing of Referendum Ordinance.--(a) The
30 referendum ordinance shall be filed with the election officials
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1 at least ninety days prior to the next primary or general
2 election.
3 (b) When the ordinances are filed with the election
4 officials, copies of the referendum ordinance shall be
5 immediately filed with the Secretary of Community Affairs.
6 Section 303. Notice to Governing Bodies of Referendum
7 Date.--The election officials shall notify the governing bodies
8 of the municipalities involved of the date set for the
9 referendum election on the proposal at least thirty days before
10 the election.
11 ARTICLE IV
12 Referendum
13 Section 401. Referendum Procedures.--(a) A referendum on the
14 question of the adoption of an environmental improvement compact
15 shall be held after authorization by ordinance of the governing
16 bodies of the municipalities in accordance with Article III of
17 this act, or when initiated by electors of the municipalities in
18 accordance with Article II of this act.
19 (b) The procedure for the referendum shall be governed by
20 the act of June 3, 1937 (P.L.1333), known as the "Pennsylvania
21 Election Code."
22 Section 402. Placing Question on Ballot.--When the election
23 officials find the ordinances authorized by the governing bodies
24 of the municipalities or the initiative petition as submitted by
25 the electors meets the requirements of this act, they shall
26 place the proposal on the ballot in a manner fairly representing
27 the content of the ordinances or of the initiative petition for
28 decision by referendum at the proper election.
29 Section 403. Date of Election.--The election officials shall
30 certify the date for the referendum, and shall so notify the
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1 governing bodies of the municipalities at least thirty days
2 prior to such date.
3 Section 404. Public Notice of Referendum.--At least thirty
4 days' notice of the referendum shall be given by proclamation of
5 the mayors of the cities, boroughs or incorporated towns, by the
6 chairman of the boards of county commissioners, by the
7 presidents of the boards of township commissioners, or by the
8 chairman of the boards of township supervisors, as the case may
9 be. A copy of the proclamation shall be posted at each polling
10 place of the municipalities on the day of the election, and
11 shall be published once in at least one newspaper of general
12 circulation in the municipalities during the thirty-day period
13 prior to the election.
14 Section 405. Approval.--Approval of a referendum for the
15 adoption of an environmental improvement compact, shall be by a
16 majority vote of those voting in each municipality involved.
17 Section 406. Results of Election.--The election officials
18 shall certify the results of the referendum to the governing
19 bodies, and the Secretary of Community Affairs.
20 ARTICLE V
21 Election of Board
22 Section 501. Election of Board.--(a) If a referendum for the
23 adoption of an environmental improvement compact is approved by
24 a majority of voters in each municipality involved, the
25 governing bodies shall, within thirty days of certification of
26 the results of the referendum election, submit to the election
27 officials a petition to provide for the election of the board.
28 (b) The majority of the members to be elected to the first
29 board receiving the highest number of votes in the election
30 shall serve for four-year terms, while the remainder shall serve
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1 for two-year terms; thereafter, all candidates for the board
2 shall have four-year terms.
3 (c) Members of the board shall be elected at the next
4 municipal election not less than ninety days from the date of
5 the referendum.
6 Section 502. Nomination of Candidates.--Candidates for
7 membership on the board shall be electors of the municipalities
8 involved. Each shall be nominated by nomination papers signed
9 by a number of electors in their municipality or residence which
10 is affected by the compact equal to at least two per cent of the
11 largest vote cast for any elected officer of the municipality
12 elected at the last preceding municipal election. Their
13 nomination shall be in the manner provided by and subject to the
14 provisions of the act of June 3, 1937 (P.L.1333), known as the
15 "Pennsylvania Election Code," which relate to the nomination of
16 candidates nominated by nomination papers filed by political
17 bodies for other offices elected by the voters of the
18 municipality. Nomination papers shall not be circulated prior
19 to thirty days before the last day on which such papers shall be
20 filed, and shall be filed with the election officials not less
21 than forty-four days prior to the date of the election.
22 Section 503. Election Returns.--The result of the votes cast
23 for members of the board at the municipal election shall be
24 returned by the election officials to the governing bodies of
25 municipalities involved and to the Secretary of Community
26 Affairs.
27 ARTICLE VI
28 Organization of Board
29 Section 601. Membership of Board.--The board shall be
30 composed of five, seven or nine members as provided in Article V
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1 of this act.
2 Section 602. Compensation of Board.-- The county <--
3 commissioners of a single county, or if the municipalities
4 involved are in more than one county, a majority of all the
5 commissioners of the counties involved, A MAJORITY OF ALL THE <--
6 MEMBERS OF THE GOVERNING BODIES OF THE MUNICIPALITIES INVOLVED
7 shall set the annual compensation for the members of the board.
8 Section 603. Organization of Board.--On the first Monday of
9 January following the municipal election, members of the board
10 shall assemble at a designated meeting place and shall organize
11 by electing one of their own members as chairman, and he shall
12 preside at all meetings and perform other duties as the board
13 may prescribe. In the absence of the chairman, the board shall
14 elect a temporary presiding officer. The board shall adopt
15 rules for its procedure and conduct of business. Thereafter,
16 whenever a vacancy has occurred, the vacancy shall be filled by
17 an elector from the municipalities involved, appointed by the
18 remaining members of the board.
19 Section 604. Secretary and Treasurer of the Board.--(a) The
20 board shall appoint a secretary who shall keep the records and
21 minutes of the board proceedings, maintain a record of other
22 official activities, and perform other functions as required by
23 law.
24 (b) The board shall appoint a treasurer. The treasurer
25 shall collect or receive such taxes, assessments and other funds
26 due the board.
27 Section 605. Purposes and Powers; General.--(a) Every board
28 created under this act shall be a body corporate and politic,
29 and shall be for the purpose of acquiring, holding,
30 constructing, improving, maintaining and operating, owning,
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1 leasing, either in the capacity of lessor or lessee for any
2 government function of two or more municipalities.
3 (b) Every board is hereby granted, and shall have and may
4 exercise all powers necessary or convenient for the carrying out
5 of the aforesaid purposes, including, but without limiting, the
6 generality of the foregoing, the following rights and powers:
7 (1) To sue and be sued, implead and be impleaded, complain
8 and defend in all courts.
9 (2) To adopt, use and alter at will, a seal of the board.
10 (3) To acquire, purchase, hold, lease as lessee and use any
11 franchise, property, real, personal or mixed, tangible or
12 intangible, or any interest therein necessary or desirable for
13 carrying out the purposes of the board, and to sell, lease as
14 lessor, transfer and dispose of any property or interest therein
15 at any time acquired by it.
16 (4) To acquire by purchase, lease or otherwise, and to
17 construct, improve, maintain, repair and operate projects.
18 (5) To make bylaws for the management and regulation of its
19 affairs.
20 (6) To appoint officers, agents, employes and servants, to
21 prescribe their duties and to fix their compensation.
22 (7) To fix and collect taxes not to exceed two mills of real
23 estate within the municipalities involved, also to charge and
24 collect rates and other charges in the area served by its
25 facilities at reasonable and uniform rates to be determined by
26 it, for the purpose of providing for the payment of the expenses
27 of the board, the construction, improvement, repair, maintenance
28 and operation of its facilities and properties, the payment of
29 the principal of and interest on its obligations, and to fulfill
30 the terms and provisions of any agreements made with the
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1 purchasers or holders of any such obligations, or with
2 municipalities served or to be served by said board. Any person
3 questioning the reasonableness or uniformity of any rate fixed
4 by any board or the adequacy, safety and reasonableness of the
5 board's services, including extension thereof, may bring suit
6 against the board in the court of common pleas of the county
7 wherein the project is located or if the project is located in
8 more than one county, then in the court of common pleas of the
9 county wherein the principal office of the project is located.
10 The court of common pleas shall have exclusive jurisdiction to
11 determine all such questions involving rates or services.
12 Appeals may be taken to the Superior Court within thirty days
13 after the court of common pleas has rendered a final decision.
14 (8) To borrow money, make and issue negotiable notes, bonds,
15 refunding bonds, and other evidences of indebtedness or
16 obligations (herein called "bonds") of the board, said bonds to
17 have a maturity date not longer than thirty years from the date
18 of issue, except that no refunding bonds shall have a maturity
19 date later than the life of the board, and to secure the payment
20 of such bonds or any part thereof by pledge or deed of trust of
21 all or any of its revenues and receipts, and to make such
22 agreements with the purchasers or holders of such bonds, or with
23 others in connection with any such bonds, whether issued or to
24 be issued, as the board shall deem advisable, and in general to
25 provide for the security for said bonds and the rights of the
26 holders thereof, and in respect to any project constructed and
27 operated under agreement with any board or any public authority
28 of any adjoining state, to borrow money and issue such notes,
29 bonds and other evidences of indebtedness and obligations
30 jointly with any such authority.
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1 (9) To make contracts of every name and nature and to
2 execute all instruments necessary or convenient for the carrying
3 on of its business.
4 (10) Without limitation of the foregoing, to borrow money
5 and accept grants from and to enter into contracts, leases or
6 other transactions with any Federal agency, Commonwealth of
7 Pennsylvania municipality, school district, corporation or
8 authority.
9 (11) To have the power of eminent domain, with the consent
10 of the county commissioners of the county where the land is
11 located and with the consent of council in cities of the first
12 class.
13 (12) To pledge, hypothecate or otherwise encumber all or any
14 of the revenues or receipts of the board as security for all or
15 any of the obligations of the board.
16 (13) To do all acts and things necessary or convenient for
17 the promotion of its business and the general welfare of the
18 board, to carry out the powers granted to it by this act or any
19 other acts.
20 (14) To enter into contracts of group insurance for the
21 benefit of its employes, and to set up a retirement or pension
22 fund for such employes.
23 ARTICLE VII
24 Effective Date
25 Section 701. Effective Date.--This act shall take effect
26 immediately.
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