Pennsylvania Act 1949-58 — ALLOWING MUNICIPALITIES TO GET MONEY FOR SEWAGE SYSTEMS

Act text

ALLOWING MUNICIPALITIES TO GET MONEY FOR SEWAGE SYSTEMS
                  Act of Apr. 8, 1949, P.L. 418, No. 58               Cl. 53
                                  AN ACT

     To provide for and regulate the accumulation, investment, and
        expenditure of funds by cities, boroughs, incorporated towns
        and townships for preparing plans for sewage disposal
        systems, and for the construction, improvement or replacement
        of sewage disposal systems for which plans have been approved
        by the Sanitary Water Board of the Commonwealth.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--As used in this act, the word or
     phrase "Municipality" means any city, borough, incorporated
     town, or township.
        "Municipality Authority" means a body politic and corporate
     created pursuant to the provisions of the Municipality
     Authorities Act of 1945 or the Municipality Authorities Act of
     1935.
        "Sewage Disposal System" means a system for the disposal of
     sewage, including all pipes carrying the sewage and all sewage
     treatment works.
        "Special Fund" means a sewage disposal system fund created,
     invested and expended in accordance with this act.
        "Sanitary Water Board" means the Sanitary Water Board of the
     Commonwealth.
        Section 2.  Creation of a Sewage Disposal System Fund.--Any
     municipality shall have power to create a special fund and to
     accumulate therein moneys for expenditure in accordance with the
     provisions of this act. Such special fund may consist of, (1)
     moneys transferred during any fiscal year from appropriations
     made for any particular purpose, which may not be needed, (2)
     surplus moneys in the general fund of the treasury of the
     municipality at the end of any fiscal year, and (3) moneys
     appropriated to the fund in the annual budget. All moneys
     appropriated or transferred to this special fund shall be used
     only for the planning, construction, improvement or replacement
     of a sewage disposal system: Provided, That no moneys shall be
     used for any construction, improvement or replacement unless the
     plans therefor have been approved by the Sanitary Water Board.
        Section 3.  Investment of Fund.--The moneys in the fund shall
     be kept separate and apart from any other fund, by the treasurer
     of the municipality, and the moneys in the special fund may be
     invested by the corporate authorities of the municipality in
     obligations issued by the United States of America and general
     obligation bonds of the Commonwealth of Pennsylvania or and
     political subdivision thereof. All income derived from any
     investment of the said fund shall be paid into the special fund.
     The corporate authorities may sell any such securities and
     reinvest the moneys in other securities, or convert such
     securities into cash when the same may be needed for expenditure
     under the provisions of this act.
        Section 4.  Expenditure of Fund.--The moneys in any such
     special fund may be expended by the municipality singly, or
     jointly with the Federal Government, the Commonwealth or any
     department or agency thereof, or with one or more other
     municipalities or municipality authorities, only for preparing
     plans for a sewage disposal system and for the construction,
     improvement or replacement of a sewage disposal system for which
     plans have been approved by the Sanitary Water Board.
        Section 5.  Grants of Moneys.--Any municipality may
     appropriate or transfer moneys to a municipality authority to be
     used by it for planning, constructing, improving or replacing a
     sewage disposal system to serve such municipality.
        Section 6.  Funds Heretofore Created.--Where any municipality
     has, prior to the effective date of this act, created a special
     fund, or set moneys aside, for construction of a sewage disposal
     system, such action of the municipality is hereby ratified,
     confirmed and validated, and the moneys in such fund, or so set
     aside, shall be placed in a special fund, shall be invested and
     shall be expended only in accordance with the provisions of this
     act.
        Section 7.  Repeal.--All acts or parts of acts inconsistent
     herewith as hereby repealed to the extent of such inconsistency.
        Section 8.  Effective Date.--This act shall become effective
     immediately upon final enactment.