act-1919-0-96•Pennsylvania Act 1919-96 — MUNICIPAL BUILDING ERECTION AUTHORIZED IN COUNTY SEATS
Pennsylvania Act 1919-96 — MUNICIPAL BUILDING ERECTION AUTHORIZED IN COUNTY SEATS
act-1919-0-961919 Pa. Act 96Law
Act text
MUNICIPAL BUILDING ERECTION AUTHORIZED IN COUNTY SEATS
Act of May 8, 1919, P.L. 130, No. 96 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 or buildings; providing
for the conditions and agreements under which such building
or buildings may be erected and occupied, and for the
ownership thereof; providing for the selection of a site for
said building or buildings, 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 property for such building or buildings 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, or buildings, and land.
Compiler's Note: Section 1 of Act 165 of 1970 provided that
the limits heretofore imposed by Act 96 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 in this
Commonwealth where the county-seat is within the limits of any
city, the county commissioners and the 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, to acquire,
own and hold the same as tenants in common, and to erect thereon
a joint county and municipal building or buildings, to be used
by the county for courthouse and other county purposes and by
the city for municipal purposes. The county commissioners and
the corporate authorities of such city shall agree upon and
adopt plans for such building or buildings, and, upon the
approval of such plans by the court of common pleas of such
county, the county commissioners and the corporate authorities
of such city shall have full authority to erect, upon the land
thus obtained and held, the building or buildings so adopted and
approved.
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 or buildings, 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,
such an undivided interest therein as may be agreed upon. It
shall be lawful for the corporate authorities of such city, and
they are hereby authorized and empowered, to pay in cash for
such undivided interest, 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 undivided
interest 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, such an undivided interest therein as may
be agreed upon. It shall also be lawful for the county
commissioners of such county, and they are hereby authorized and
empowered, to pay in cash for such undivided interest, 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 undivided interest 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.
Section 3. Any sale or conveyance of land or interest
therein made pursuant to the provisions of this act, shall be
subject to the approval 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 and the
corporate authorities of such city, for the construction of such
building or buildings, are authorized and empowered to enter
into a joint contract or contracts, and agreement or agreements,
for the payment by each of its proportionate share of the cost
of the construction maintenance, and operation of such building
or buildings, with the right to provide in such agreement or
agreements for the modification, from time to time, of the
proportionate parts of the cost of maintenance and operation, as
the county or city in fact uses a greater or lesser part of the
building or buildings, to be apportioned upon the floor space
occupied, or otherwise equitably determined. The county
commissioners and the corporate authorities of such city are
further authorized and empowered to agree between them as to the
manner, and to what extent, each shall occupy the joint building
or buildings so erected, and to make such other agreements, and
do such other acts, as may be necessary to fully exercise the
powers herein conferred.
In the event that the county commissioners and the corporate
authorities of such city are unable to agree upon the
proportionate parts of the cost of construction, maintenance,
and operation of such joint building or buildings to be paid by
each, or upon any modification thereof which may be necessary
from time to time, the question or questions shall, on motion of
either party, be submitted to a board of arbitrators, one to be
chosen by the county commissioners, and one by the corporate
authorities of such city, and, if the two thus chosen are unable
to agree, a third arbitrator shall be selected by them, the
decision of a majority thereof, or of the original two, to be
final and conclusive upon both the county commissioners and the
corporate authorities of such city, without right of appeal.
The expenses of such arbitration shall be borne equally by the
county and the city, and the compensation of each arbitrator
shall not exceed ten dollars per day for each day actually
devoted to the duties of his appointment.
Section 4. If it shall be deemed necessary by the county
commissioners and the corporate authorities of such city to
acquire land for such building or buildings, then such county
commissioners and corporate authorities are hereby vested with
the necessary power and authority to acquire, in the name of
such county and city, in such proportions of undivided interest
as may be agreed upon, by purchase, condemnation, or otherwise,
any and all such real estate, either vacant or occupied, as the
respective authorities may deem necessary to furnish a suitable
site or sites for such building or buildings, and to sell,
convey, transfer, dispose of, or abandon the same, or any part
thereof, as the county commissioners and the corporate
authorities of such city may determine.
Whenever the county commissioners and the corporate
authorities of such city cannot agree on the terms of their
purchase with the owner or owners of any real estate that has
been selected as aforesaid, such county commissioners and
corporate authorities, after having decided upon the amount and
location thereof, may enter upon, take possession of, and occupy
such land as may have been selected, and designate and mark the
boundary lines thereof, and thereafter may use the same for the
purposes authorized by this act.
The funds which are raised by taxation in such county and
city shall be pledged, and hereby are made security, to the
owner or owners of any property taken for the purposes aforesaid
for all damages they may sustain on account of the taking of
such property. The title to all real estate acquired by
condemnation proceedings, as herein provided for, shall be
vested in such county and city in fee simple.
When the county commissioners and the corporate authorities
of such city shall enter upon and occupy lands for the purposes
herein authorized, they, or the owners of such premises or any
one of them in behalf of all of them, may present a petition to
the court of common pleas of the county in which such land is
situated, setting forth the facts, giving a description of the
premises taken by metes and bounds, and the names of all the
owners thereof; whereupon the said court shall appoint a jury of
viewers, and shall fix a time for a hearing, when they shall
view the said premises. Said time shall not be less than ten nor
more than thirty days after their said appointment, of which
time and place, five days notice shall be given by the
petitioners to said viewers and other parties interested. If on
account of nonresidence, or for any other reason, personal
notice cannot be given, notice of such view shall be given as
the court may direct.
At the same time and place fixed for the said view, the said
viewers, having first been duly sworn or affirmed to perform
their duties with fidelity and according to law, shall view and
examine the premises so taken, and, after hearing such parties
as may desire to be heard, shall decide and make a true report
to said court concerning the matters set forth in such petition
and submitted to them, and, taking into consideration the
quality and location of, and improvements upon, the land so
taken and occupied, and taking into consideration the damages
sustained and the benefits accruing, shall estimate and
determine what amount of damages, if any, have been sustained by
the owners of such premises by reason of the taking of said
land, and to whom payable, if they can ascertain the legal
owners thereof. Such hearing may be adjourned from time to time
as such viewers may direct, and the said county commissioners
and corporate authorities and the parties interested shall have
at least five days notice of the filing of such report. If the
actual owner of such premises, or any part thereof, by reason of
nonresidence or otherwise cannot be notified, notice of the
filing of such report shall be given as directed by the court.
If no exceptions are filed to, or appeal taken from, said
report, by any party interested, within thirty days after the
filing thereof, the same shall be confirmed absolutely by the
court, and the amount therein awarded to any person shall be a
valid debt and obligation of such county and city, in the
proportions of the interest acquired by each, collectible as
provided by law.
If on account of any liens existing against such premises, or
if the actual owners thereof cannot be found, or if the owners,
or any of them, refuse the amount awarded by such report, or if
for any other reason the said county commissioners and corporate
authorities cannot pay the sum awarded for such damages to the
persons legally entitled thereto, they may pay the same into
court, and thereafter the owners of such premises, or its lien
creditors, shall look to said fund for all damages accruing to
them on account of the taking of said property.
Exceptions to, or appeals from, said report shall be disposed
of according to the rules of said court.
All costs and witness fees in any such case shall be borne
equally by the county and city: Provided, That in cases where an
appeal is taken by any property owners from the award made by
any board of viewers, and the appellant does not recover a
verdict for a greater amount than the viewers awarded, the
appellant shall pay all costs of such appeal and trial.
Section 5. 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 its share of the cost of any land or lands
required and of erecting the building or buildings aforesaid, by
issuing coupon bonds in sums of not less than one hundred
dollars each, bearing interest at a rate not exceeding five 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.
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