act-1907-0-256•Pennsylvania Act 1907-256 — MUNICIPALITIES AUTHORIZED TO ACQUIRE WATER PLANTS
Pennsylvania Act 1907-256 — MUNICIPALITIES AUTHORIZED TO ACQUIRE WATER PLANTS
act-1907-0-2561907 Pa. Act 256Law
Act text
MUNICIPALITIES AUTHORIZED TO ACQUIRE WATER PLANTS
Act of May 31, 1907, P.L. 355, No. 256 Cl. 11
AN ACT
Providing for the acquiring of water plants or systems by
municipalities, from corporations, firms, or individuals, and
the manner of ascertaining and arriving at the value of the
same; and to authorize municipalities of this Commonwealth to
issue bonds, secured by such water plants or systems, for the
payment thereof; and to provide a sinking-fund therefor, out
of the revenues of said plants.
Compiler's Note: Section 4701 of Act 317 of 1931 provided
that Act 256 is repealed insofar as it relates to third
class cities.
Compiler's Note: Section 1301(c) of Act 192 of 1915 provided
that Act 256 is repealed insofar as it relates to
boroughs.
Section 1. Be it enacted, &c., That the several cities and
boroughs of this Commonwealth, desirous of owning and operating
the waterworks, plants, or system for the supplying of water to
any such municipality and the inhabitants thereof, which
waterworks, plants, or system is now, or may hereafter be, owned
by a private corporation, firm, or individual, may petition the
court of common pleas of the proper county, setting forth that
the said municipality is desirous of owning said water plant or
system, owned by such corporation, firm, or individual, and that
it will be necessary, in order to make payments therefor, to
issue bonds, secured by such plant or system of waterworks, and
that therefore a value should be placed upon such waterworks,
plant, or system, including all property, real or personal, used
in connection therewith and reasonably necessary for its
purposes.
Section 2. That the said court shall thereupon appoint three
disinterested civil engineers as appraisers, to value and
appraise such plant or system and the property used in
connection therewith and reasonably necessary for its purposes,
who shall file their report in the office of the prothonotary of
the proper court within three months after their appointment,
unless such time be extended by the court.
Section 3. The appraisers so appointed shall have full
access to the books and records of the private corporation,
firm, or individual owning said waterworks or system, to inform
themselves as to the income and value thereof. They shall have
power to administer oaths, and are hereby authorized to hear and
consider the testimony of witnesses and other legal proofs.
Their report shall be final, if not appealed from within ten
days after notice of the filing thereof shall have been served
on the mayor or burgess of the city or borough, and upon the
corporation, firm, or individual owning the waterworks. Within
said ten days either party may appeal from such appraisement,
alleging an under or over valuation of the property thereby, and
praying for a hearing before the court; and the said court shall
thereupon, upon application of either party, fix a time when
said appeal may be heard, of which time at least ten days'
notice shall be given to the parties; and upon such hearing the
court shall have power, after hearing legal proofs and
arguments, to increase or lower such appraisement, or otherwise,
and modify the same as the facts may warrant, subject, however,
to the right of appeal by either party to the proper appellate
court, as in other cases in equity.
Section 4. After such value is finally determined, the
municipality is authorized to buy said water plant at the
valuation so fixed and determined; and the said corporation,
firm, or individual, owning same, shall, within ten days' notice
of such determination, and a request by the municipality so to
do, file in said court a paper indicating its consent and
election to sell and convey its plant, system, and property, so
appraised, to the municipality, at the valuation fixed as
aforesaid; and, in default whereof, such corporation, firm, or
individual shall cease to have any exclusive privilege of
supplying said municipality, or the citizens thereof, with
water, and said municipality may install or cause to be
installed such plant or system as the authorities may deem
necessary and expedient for the accommodation of the public.
Section 5. For the purpose of said purchase the municipality
may issue bonds, which shall be secured solely by such
waterworks, systems, and property, and the revenues thereof, and
without other liability whatever of said municipality thereon,
to an amount not exceeding the appraisement of the value fixed
by said appraisers or the court. The proceeds of the sale of
such bonds shall be used exclusively for the purpose of making
payment for the property so acquired.
(5 amended Apr. 22, 1909, P.L.135, No.83)
Section 6. The municipality shall provide an adequate
sinking-fund for the receipts and revenues derived from said
waterworks or systems, for the payment of the interest on such
bonds and for their redemption. The bonds shall be payable
within thirty years from the date of their issue, and shall be
redeemable at such earlier period as the municipality may by
ordinance provide, and shall bear interest at a rate to be fixed
by the municipality, not exceeding six per centum per annum. The
bonds shall be exempt from taxation for any purpose.
(6 amended Apr. 22, 1909, P.L.135, No.83)
Section 7. Should there be, at the time of the passage of
this act, a contract or agreement, in writing, existing between
any corporation, firm, or individual owning the water plant or
system, and a municipality then being supplied with water by
such corporation, firm, or individual, establishing or adjusting
or fixing the manner in which such water plant or system may be
appraised, purchased, or acquired, then, and in that case,
appraisers shall be selected, and the appraisement made in
accordance with the terms of such contract, and to the
respective parties to such contract shall, in lieu of the
preceding provisions of this act, carry out the terms of said
contract in arriving at the value of said water plant or system.
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