Pennsylvania Act 1913-69 — MUNICIPAL BUILDINGS, JOINT BUILDING FOR CITY AND COUNTY

Act text

MUNICIPAL BUILDINGS, JOINT BUILDING FOR CITY AND COUNTY
                  Act of Apr. 18, 1913, P.L. 96, No. 69               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; providing for the
        conditions under which such building may be erected, and for
        the ownership thereof; providing for the selection of a site
        for said building, 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 additional property for such building 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 and land.

        Compiler's Note:  Section 1 of Act 165 of 1970 provided that
            the limits heretofore imposed by Act 69 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 of this
     Commonwealth, where the county-seat is within the limits of any
     city, the county commissioners and the proper 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, and to erect thereon a joint county and municipal
     building, to be used by the county for courthouse and other
     purposes, and to be used by the city for municipal purposes.
        The land upon which said building shall be erected shall be
     owned in severalty by such county and city; and the part of such
     building which shall stand upon the land owned in severalty by
     the county shall belong in severalty to the county, and the part
     of such building which shall stand upon the land owned in
     severalty by the city shall belong in severalty to the city.
     The county commissioners of such county and the corporate
     authorities of such city shall choose such site, and shall
     determine the parts of the land so chosen which shall be owned
     in severalty by each; and when this has been done, and the
     erection of such joint building has been agreed upon, they shall
     agree upon and adopt plans for such joint building. The building
     may be so designed and constructed that part of the building on
     the land owned by each shall be used by each, respectively; or
     the building may be so designed and constructed as to permit of
     the use by the county of any portion or portions of the part of
     the building owned by the city, and likewise to permit of the
     use by the city of any portion or portions of the part of the
     building owned by the county; and, whether so specially designed
     or not, the county commissioners and corporate authorities of
     such city shall have the power, and they are hereby authorized,
     to permit of the use by the county of any portion or portions of
     the part of the building owned by the city, and likewise to
     permit of the use by the city of any portion or portions of the
     part of the building owned by the county, upon such terms and
     conditions as may be in the judgment of the county commissioners
     and the corporate authorities just and reasonable. The building
     shall be so constructed as to permit of an apportionment of the
     cost of the part thereof owned respectively by such county and
     city, and the building shall be paid for in accordance with such
     apportionment.
        The county commissioners of such county and the corporate
     authorities of such city may provide that the corridors,
     stairways, and elevators be used in common by both county and
     city. They may install for the whole building a single system of
     lighting, heat, ventilation, and plumbing, and for other general
     equipment, which shall be used in common by the county and the
     city. They may provide that the mechanical plants and power
     plants necessary for the elevators, lighting, heating,
     ventilating, plumbing, and cleaning, and the plants necessary
     for all other general equipment, be located partly in a portion
     of the part of the building owned by each, or that such plants
     or general equipment be located wholly in the part of the
     building owned by the county, or wholly in the part of the
     building owned by the city, in such a manner as to conveniently
     serve all portions of the building; and such plants or general
     equipment shall be considered and regarded as fixtures for the
     use and benefit of the whole building, and shall be paid for by
     the county and city in such equitable proportions as the county
     commissioners and proper executive officers of such city shall
     agree upon. If, however, the county commissioners and the
     corporate authorities of such city do not deem it advisable to
     provide such plants, or any of them, they may secure light,
     heat, or power for said building in such manner as to them may
     seem most advantageous; and may for said purposes, either
     jointly or separately, acquire other land in the vicinity of the
     joint county and municipal building, and construct thereon, or
     on land belonging to either or both, jointly or separately,
     mechanical plants and power plants for the purpose of supplying
     light, heat, and power to said joint building. The same to be
     supplied at such terms and conditions as may be, in the judgment
     of the county commissioners and the corporate authorities, just
     and reasonable.
        The administration, maintenance, control, and operation of
     such joint building shall be, and is hereby vested, in the
     county commissioners the proper executive officers of such city;
     and they shall exercise the powers and rights in relation
     thereto in such manner as the county commissioners and the
     proper executive officers of such city may, from time to time,
     agree upon.
        (1 amended Mar. 26, 1915, P.L.12, No.14)
        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 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, so much of
     said land as may be necessary for the purpose of erecting the
     portion of the joint building to be owned by the city. It shall
     be lawful for the corporate officials of such city, and they are
     hereby authorized and empowered, to pay in cash for said land,
     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 land 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, so much of said land as may be necessary
     for the purpose of erecting thereon the portion of the joint
     building to be owned by the county. It shall also be lawful for
     the county commissioners of such county, and they are hereby
     authorized and empowered, to pay in cash for said land, 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 land 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.
        (2 amended Mar. 26, 1915, P.L.12, No.14)
        Section 3.  Any sale or conveyance of land made pursuant to
     the provisions of this act shall be subject to the approval of
     the majority of the judges 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 shall
     also submit to the judges aforesaid, for their approval, the
     plans adopted for the part of the building to be owned by the
     county, and also the portion of the building, if any, to be used
     by the county, in the part to be owned by such city; and when
     such approval is obtained the county commissioners shall have
     full authority to erect the part to be owned by the county, in
     conjunction with the erection by the city of the part to be
     owned by the city, on the site chosen, and in the manner
     aforesaid. The county commissioners and the corporate
     authorities, for the construction of such building, are
     authorized and empowered to enter into a joint contract for the
     payment of the whole, or a several contract for the payment by
     each of their proportionate share, of the cost of such building;
     and they are further authorized and empowered to make such other
     agreements, and to do such other acts, as may be necessary to
     fully exercise the powers herein conferred.
        (3 amended Mar. 26, 1915, P.L.12, No.14)
        Section 4.  If it shall be deemed necessary to acquire
     additional land for such site, the county, in case the site is
     chosen on the land of the county, or if the site chosen is on
     the land of the city, then the city, is authorized and empowered
     to acquire by purchase or condemnation such additional land. The
     right of eminent domain herein conferred upon the county shall
     be exercised in the manner provided by the act of Assembly of
     June first, one thousand eight hundred and eighty-three,
     authorizing the county commissioners of any county to acquire
     ground at the county-seat for the purpose of the erection or
     extension of such building as may be necessary for the
     accommodation of the courts and the several officers of the
     county. The right of eminent domain herein conferred upon the
     city shall be exercised in the manner provided by law for the
     acquisition of real estate within the city limits for the
     erection of municipal buildings.
        Section 5.  In case the site chosen for such joint municipal
     building is in 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 incur or increase the
     indebtedness of the county to an amount sufficient to pay for
     the cost of the erection of the portion of the building selected
     by the county and the land upon which it is erected, and any
     additional land acquired by the county by purchase or
     condemnation for such site, as well as the unpaid balance of any
     purchase money on land herein authorized to be conveyed by the
     county to the city, by issuing coupon bonds in sums of not less
     than one hundred dollars, each bearing interest at the rate not
     exceeding five (5) 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.