Pennsylvania Act 1937-232 — HOUSING COOPERATION LAW

Act text

AN ACT

To authorize cities, boroughs, towns, townships, counties, and other public bodies to aid housing projects of housing authorities, or of the United States of America, by furnishing parks, playgrounds, streets, and other improvements and facilities by exercising certain other powers, and by making agreements relating to such aid; to authorize cities, boroughs, towns, townships, and counties to contract with respect to the sums to be paid them for improvements, services, and facilities to be provided for the benefit of housing projects, and the occupants thereof; to authorize certain cities and counties to make an appropriation for the first years' administrative expenses of housing authorities; and to authorize certain cities, boroughs, towns, and counties to pay moneys to housing authorities.

TABLE OF CONTENTS

Section 1. Short Title.

Section 2. Finding and Declaration of Necessity.

Section 3. Definitions.

Section 4. Cooperation in Undertaking Housing Projects.

Section 5. Contracts for Payments to City, Borough, Town

Township or County.

Section 6. Advances to Housing Authority.

Section 7. Supplement Nature of Act.

Section 8. Severability.

Section 9. Repeal of Inconsistent Acts.

Section 10. Effective Date.

Section 1. Be it enacted, &c., Short Title.--That this act may be referred to as the "Housing Cooperation Law."

Section 2. Finding and Declaration of Necessity.--It has been found and declared in the Housing Authorities Law that there exist in this Commonwealth unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income, that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities, and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in the Housing Authorities Law constitutes a public use and purpose, and an essential governmental function for which public moneys may be spent, and that the provisions hereinafter enacted are necessary in the public interest.

Section 3. Definitions.--The following terms, whenever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) "Federal Government" shall mean the United States of America, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(b) "Housing Authority" shall mean any housing authority created pursuant to the Housing Authorities Law of this Commonwealth.

(c) "Housing Project" shall mean any work or undertaking of a housing authority authorized by law, or any similar work or undertaking of the Federal Government or of this Commonwealth. ((c) amended May 20, 1949, P.L.1626, No.489)

(d) "State Public Body" shall mean any city, borough, town, township, county, municipal corporation, commission, district authority, other subdivision or public body of this Commonwealth.

Section 4. Cooperation in Undertaking Housing Projects.--For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any State public body may, upon such terms, with or without consideration, as it may determine--

(a) Dedicate, sell, convey or lease any of its property to a housing authority or the Federal Government;

(b) Cause parks, playgrounds, recreational or community facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;

(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;

(d) Enter into agreements, extending over any period, with a housing authority or the Federal Government respecting action to be taken by such State public body pursuant to any of the powers granted by this act; and

(e) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects;

(f) With respect to any housing project which a housing authority has acquired or taken over from the Federal Government, and which the housing authority, by resolution, has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no State public body shall require any changes to be made in the housing project or the manner of its construction, or take any other action relating to such construction;

(g) In connection with any public improvements made by a State public body in exercising the powers herein granted, such State public body may incur the entire expense thereof. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a State public body without appraisal, public notice, advertisement or public bidding.

(4 amended May 20, 1949, P.L.1626, No.489)

Section 5. Contracts for Payments to City, Borough, Town, Township or County.--In connection with any housing project, located wholly or partly within the area in which it is authorized to act, any city, borough, town, township or county may contract with a housing authority or the Federal Government with respect to any sums which the housing authority or the Federal Government may agree to pay during any year or period of years to the city, borough, town, township or county for the improvements, services, and facilities to be provided by it for the benefit of said housing project, or the persons residing on or occupying such premises; but in no event shall the amount of such payments exceed the estimated cost to the city, borough, town, township or county of the improvements, services or facilities to be so supplied: Provided, however, That the absence of a contract for such payments shall in no way relieve cities, boroughs, towns, townships, and counties from the duty to furnish, for the benefit of said housing project and the persons residing on or occupying said premises, customary improvements and such services and facilities as cities, boroughs, towns, townships, and counties, respectively, usually furnish without a service fee.

Section 6. Advances to Housing Authority.--When any housing authority, which is created to operate within any city or county, becomes authorized to transact business and exercise its powers, the city council or the county commissioners, as the case may be, may make an estimate of the amount of money necessary for the administrative expenses and overhead of such housing authority during the first year thereafter, and may appropriate such amount to the Authority out of any moneys in such city or county treasury, not appropriated to some other purposes. The moneys so appropriated shall be paid to the Authority as a donation. Any city, borough, town or county, located in whole or in part within the field of operation of a housing authority, shall have the power, from time to time, to lend or donate money to the Authority.

Section 7. Supplemental Nature of Act.--The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law.

Section 8. Severability.--If any provision of this act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the act and the application of such provision to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby.

Section 9. Repeal of Inconsistent Acts.--All acts or parts of acts inconsistent with this act are hereby repealed.

Section 10. Effective Date.--This act shall take effect immediately.