Pennsylvania Act 1919-136 — COUNTIES, COMMISSIONERS MAY ERECT HOSPITAL BUILDING

Act text

COUNTIES, COMMISSIONERS MAY ERECT HOSPITAL BUILDING
                  Act of May 23, 1919, P.L. 255, No. 136              Cl. 11
                                  AN ACT

     Authorizing the county commissioners of any county and the
        corporate authorities of any city of the third class located
        within such county, to erect a joint county and city building
        or buildings to be used for hospital purposes; providing for
        the selection of a site by purchase, condemnation, or
        otherwise; authorizing the county or city to sell real estate
        under certain conditions; providing for the contracts and
        agreements to be entered into by the county and city; and
        authorizing the county and city to issue bonds for certain
        purposes.

        Section 1.  Be it enacted, &c., That the county commissioners
     of any of the several counties and the corporate authorities of
     any city of the third class located within such county, are
     hereby authorized to agree upon a site within the limits of such
     county, and to erect thereon a joint county and municipal
     building or buildings to be used by such county and city as a
     hospital for general purposes, or as a hospital for the care and
     treatment of communicable diseases, or both.
        Section 2.  The said county commissioners and corporate
     authorities may choose for the site of such joint county and
     municipal hospital or hospitals land owned and held by the
     county or land owned and held by the city.
        Section 3.  Whenever the site chosen consists of land owned
     and held by the county, the respective county commissioners may
     convey in fee to such city, at private sale, upon a fair
     valuation, such an undivided interest therein as shall be agreed
     upon. Whenever the site chosen consists of land owned and held
     by the city, the respective corporate authorities may convey in
     fee to such county, at private sale, upon a fair valuation, such
     an undivided interest therein as shall be agreed upon.
        Any sale or conveyance of land or interest therein made
     pursuant to the aforesaid provisions of this act, shall be
     subject to the approval of the court of common pleas of the
     proper county as to the amount agreed to be paid and as to the
     terms and conditions thereof.
        Section 4.  The county commissioners and corporate
     authorities may acquire, in the name of such county and city, in
     such proportions of undivided interest as shall be agreed upon,
     by purchase, condemnation, or otherwise, such real estate,
     either vacant or occupied, as the respective county
     commissioners and corporate authorities may deem necessary to
     furnish a suitable site for the hospital or hospitals herein
     provided for, and may sell, convey, transfer, or abandon the
     same, or any part thereof, as the said county commissioners and
     corporate authorities may determine.
        Section 5.  Whenever the county commissioners and the
     corporate authorities cannot agree with the owner or owners of
     real estate which may have been selected as aforesaid, after
     having decided upon the size and location of such real estate,
     the said county commissioners and corporate authorities may
     enter upon, and take possession of, and occupy such land for the
     purposes herein provided. The title to such real estate shall be
     vested in the respective county and city in fee simple. The
     funds in the office of the treasurers of such county and city
     shall be security to the owner or owners of any real estate so
     taken for all damages sustained by the taking of such real
     estate.
        Section 6.  After entry by the county commissioners and
     corporate authorities upon such land, the said county
     commissioners and corporate authorities, or the owner or owners
     of such real estate or any one in behalf of all, may petition
     the court of common pleas to appoint a board of three viewers
     from the county board of viewers. Said court, when appointing
     such viewers, shall fix a time when the viewers shall meet upon
     the premises and view the same, which time shall not be less
     than twenty days nor more than thirty days after such
     appointment. Notice of the view shall be given to all parties in
     interest as the court may direct.
        Section 7.  The viewers, having been duly sworn or affirmed
     according to law, shall view and examine the land so taken, and
     shall hear such parties as may desire to be heard. Hearings may
     be adjourned from time to time as the viewers may direct. After
     completion of the examination of the real estate, and hearing of
     the parties interested, the viewers shall decide, and make a
     true report to the court, concerning the matters set forth in
     the petition. Immediately after the filing of such report,
     notice of such filing shall be given to all parties interested,
     in such manner as the court may direct, which notice shall state
     that, unless exceptions be filed thereto within thirty days
     after the filing thereof, the same will be confirmed absolutely.
        Section 8.  Within thirty days after the filing of any
     report, exceptions thereto may be taken by any party or parties
     interested in such real estate. Immediately after the filing of
     such report the prothonotary shall mark the same "confirmed
     nisi." Where no exceptions are filed thereto, said prothonotary
     shall enter a decree that the report is confirmed absolutely;
     where exceptions are filed, the court shall confirm, modify, or
     change such report, or refer the report back to the same or new
     viewers.
        Section 9.  Within thirty days after the filing of any
     report, an appeal therefrom may be taken by any party or parties
     interested to the court of common pleas, demanding a trial by
     jury.
        Section 10.  (10 repealed June 3, 1971, P.L.118, No.6)
        Section 11.  Any amount of money awarded as herein provided,
     if refused by the person or persons entitled thereto, shall be
     paid into court, and thereafter all such persons shall look to
     said fund for all damages accruing by reason of the taking of
     such real estate.
        Section 12.  All costs and witness fees in any condemnation
     proceedings shall be paid equally by the county and city:
     Provided, That in cases where an appeal is taken by any property
     owner from the award of the viewers, and the appellant does not
     recover any greater amount than the viewers awarded, the
     appellant shall pay all costs of such appeal.
        Section 13.  The said county commissioners and corporate
     authorities shall adopt plans and specifications for the
     erection of such hospital building or buildings as may be deemed
     necessary. Upon approval of such plans and specifications by the
     court of common pleas of the proper county, the county
     commissioners and corporate authorities are authorized to erect
     upon such site the building or buildings according to the plans
     and specifications so adopted and approved. If any lands
     purchased or condemned have erected thereon any buildings
     suitable for the purposes provided for by this act, the county
     commissioners and corporate authorities are authorized to use
     such buildings and to make such repairs and alterations thereto
     as may be necessary.
        Section 14.  The said county commissioners and corporate
     authorities may enter into a joint contract or contracts, and
     agreement or agreements, for the construction, repair,
     alteration, maintenance, and operation of such hospital building
     or buildings, and for the payment by each of the proportionate
     share of the cost thereof. Such contracts and agreements may,
     from time to time, be modified or altered, upon approval thereof
     by the court of common pleas of the proper county. Similar
     agreements may be made, as herein provided, as to the manner and
     extent of the occupancy of such hospital building or buildings,
     and such other agreements as may be necessary to properly carry
     out the provisions of this act, not otherwise herein provided
     for.
        Section 15.  The said county commissioners and corporate
     authorities may make rules and regulations for the proper
     conducting of such hospital or hospitals, and may make a joint
     agreement or agreements for the purchase of the necessary
     equipment therein, and may make and enter into agreements for
     the employment and compensation of the required number of
     physicians, surgeons, nurses, and other employes, necessary for
     the proper conduct of such hospital or hospitals.
        Section 16.  The county commissioners of such county and the
     corporate authorities of any such city may incur or increase the
     indebtedness of the county or city to an amount sufficient to
     pay its share of the real estate required, and of the
     constructing of the hospital building or buildings aforesaid,
     together with the necessary equipment therein, by issuing coupon
     bonds, at a rate not exceeding six per centum per annum and the
     principal thereof reimbursable at a period not exceeding thirty
     years from the date of authorization.