Pennsylvania Act 1913-296 — MUNICIPALITIES, ESTABLISHING COMMISSION OF WATER-WORKS

Act text

MUNICIPALITIES, ESTABLISHING COMMISSION OF WATER-WORKS
                  Act of Jun. 5, 1913, P.L. 445, No. 296              Cl. 08
                                  AN ACT

     Establishing a Commission of Water-works in boroughs and
        incorporated towns of this Commonwealth; providing for the
        appointment of Commissioners of Water-works and prescribing
        their powers and duties.

        Compiler's Note:  Section 1500 of Act 319 of 1917 provided
            that Act 296 is repealed insofar as it relates to
            townships.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 296 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That in boroughs or
     incorporated towns of this Commonwealth, owning and maintaining
     water-works, or which shall hereafter acquire and maintain
     water-works, there may be established a Commission of Water-
     works, to be composed of three citizens of said borough or
     incorporated town, who shall be known as commissioners of water-
     works.
        Section 2.  Any borough or incorporated town, within this
     Commonwealth, desiring to avail itself of the provisions of this
     act, shall, by resolution duly passed by council and recorded in
     its minutes, apply to the court of common pleas of the proper
     county for the appointment of commissioners of water-works.
        Section 3.  It shall be the duty of the judges of the court
     of common pleas upon application of any incorporated town or
     borough council, as aforesaid, to appoint such commissioners of
     water-works, one of whom shall be appointed to serve for one
     year, one for two years, and one for three years; and annually
     thereafter the judges of said court shall appoint one citizen to
     serve as a commissioner of water-works, for a term of three
     years. In case of a vacancy the said court shall fill the same
     for the unexpired term thereof. Such commissioners of water-
     works shall not receive salary for their services, but shall be
     paid all such sums necessarily expended in the performance of
     their duty: Provided, however, That after three years from the
     first appointment under this act, the borough or town council
     may at any time rescind the resolution asking for the
     appointment of a commissioner of water-works. When such
     resolution shall be so rescinded the court shall make no further
     appointment of commissioner of water-works until a resolution
     shall again be passed by council asking for such appointment.
        Section 4.  It shall be the duty of the commissioners of
     water-works in each borough or incorporated town of the
     Commonwealth, where a commission of water-works is established,
     to meet within ten days after their appointment, and annually
     thereafter, and organize by electing a president and secretary.
        Section 5.  It shall be the duty of said commissioners, after
     having duly organized, to take full charge and control of the
     water-works of such borough or incorporated town. Said
     commissioners shall have power to appoint all necessary officers
     and agents, and take from them, respectively, such security for
     the faithful performance of their duty as they shall deem
     proper; and to fix the salaries and wages of such officers and
     agents; to provide for the repair, extension, improvement, and
     maintenance of said water-works, and the erection of new water-
     works subject to the provisions of existing laws; to collect
     water-rents, and to make and establish the rates, terms, and
     conditions upon which water will be furnished to applicants
     therefor; and to make by-laws, rules, and regulations for the
     economical and efficient management and protection of said
     water-works.
        Section 6.  The council of any borough or incorporated town
     within this Commonwealth may, upon request of the commissioners
     of water-works, issue bonds for the extension of water-works or
     the erection of new water-works. Said bonds shall be issued in
     the form and manner now provided for by law, and shall be
     designated "water-works bonds." They shall be delivered to said
     commissioners, from time to time, upon their requisition, after
     the commencement of the work for the payment of which such bonds
     were issued. Each such requisition shall be accompanied by a
     detailed statement of the work done and materials purchased.
     Said bonds shall not be sold for less than par and the proceeds
     thereof shall be applied to the purposes for which said bonds
     were issued, and no other.
        Section 7.  The said commissioners shall prepare plans and
     specifications of all work to be performed and materials
     necessary for the repair, maintenance, and extension of such
     water-works, or the erection of new water-works; and shall,
     after plans and specifications for the extension of water-works
     or the erection of new water-works have been submitted to and
     approved by the Department of Health, in accordance with the
     provisions of an act of Assembly, approved the twenty-second day
     of April, one thousand nine hundred and five, entitled "An act
     to preserve the purity of the waters of the State, for the
     protection of the public health," and a permit granted therefor
     by the Commissioner of Health,--by due public notice, invite
     proposals for the performing of such work and the furnishing of
     such materials; and shall, in all cases, let the contracts
     therefor to the lowest responsible bidder, and shall take
     adequate security for the performance of such contracts.
        Section 8.  Said commissioners shall make a monthly report to
     the council of the borough or incorporated town of the receipts
     and disbursements during the preceding month; and annually make
     a detailed report of the condition of said water-works, which
     shall be published by the council of said borough or
     incorporated town for the information of the public. Said
     commissioners shall cause all moneys collected to be deposited
     weekly by the collectors with the borough treasurer, who shall
     return a receipt therefor to the said commissioners. All moneys
     so collected shall be kept in a separate fund, and shall be used
     for the purpose of repairing, maintaining, and extending said
     water-works, the erection of new water-works, or the payment of
     any indebtedness on said water-works, and for no other purpose.
     No money shall be drawn from said fund except upon order
     countersigned by the president and secretary of said commission.
        Section 9.  All by-laws, rules and regulations, not
     inconsistent with the laws of the Commonwealth, the rules and
     regulations of the Department of Health or the Water Supply
     Commission, when made by said commissioners, shall have the
     force and effect of ordinances of said borough or incorporated
     town, and the penalties imposed thereby shall be collected in
     the same manner as penalties imposed by incorporated town or
     borough ordinances are now by law collected.
        Section 10.  Whenever two or more boroughs, or any borough
     and township, having united in the construction or acquisition
     and maintenance of water-works, or hereafter uniting for the
     purpose of constructing or acquiring and maintaining water-
     works, desire to avail themselves of the provision of this act,
     the councils of such boroughs and the commissioners or
     supervisors of such townships shall, by joint action, after
     ordinance or resolution duly passed, apply to the court of
     common pleas of the proper county for the appointment of a
     commission of water-works in accordance with this act. Said
     commission shall be composed of citizens of each of said
     boroughs and townships so uniting.
        Section 11.  All acts and parts of acts, general, local, and
     special, inconsistent with this act, are repealed; but this
     repeal shall not become effective in any borough or incorporated
     town until the authorities thereof shall by appropriate
     ordinance accept the provisions of this act: Provided always,
     however, That anything herein to the contrary notwithstanding
     the act of Assembly, entitled "An act authorizing the erection
     of water-works in the borough of Sewickley by commissioners, and
     the issue of borough bonds and the levy of a special water tax,"
     approved February twenty-first, one thousand eight hundred and
     seventy-three (Pamphlet Laws, one hundred and forty-seven),
     shall in no wise be affected or repealed by this act.