2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 132 - Sanitary Sewers › Section 13240 - Building joint sewers

§ 13240. Building joint sewers.
(a) General rule.--
Cities may, jointly with other municipalities or municipal authorities, do the following:
(1) Build and construct sanitary sewers, including trunk-line sewers or drains and sewage treatment works.
(2) Connect into the system existing sanitary sewers.
(3) Assess respective portions of the cost of an action under this subsection, or so much of the cost as may be legally assessable, upon the property benefited, improved and accommodated by the improvement pursuant to Chapter 145A (relating to assessments for public improvements).
(b) Costs.--
Any portion of the cost of an improvement not assessed or not assessable shall be paid as agreed upon by the respective cities and other municipalities or municipal authorities.
(c) Joint sewer board.--
The cities and other municipalities or municipal authorities joining or contemplating joining in an improvement under subsection (a) in order to facilitate the securing of preliminary surveys and estimates and the building of the improvement may, by ordinance or resolution, provide for the appointment of a joint sewer board composed of one representative from each of the cities and other municipalities or municipal authorities joining, which shall act generally as the advisory and administrative agency in securing surveys and estimates, the construction of the improvement and its subsequent operation and maintenance.
(d) Length of service on board.--
Members of the board shall serve for a term of six years from the date of appointment and continue to serve until successors are appointed.
(e) Membership.--
The joint sewer board shall organize by the election of a chair, vice chair, secretary and treasurer.
(f) Agreement of parties.--
Cities and other municipalities or municipal authorities may, in the ordinances and resolutions creating the joint sewer board, authorize the board to:
(1) Appoint an engineer, a solicitor and other assistants as are deemed necessary.
(2) Enter into an agreement with respect to the share of compensation of an appointee under paragraph (1) the city, municipality or municipal authority is responsible for.
(g) Compensation for board members.--
The members of the joint sewer board shall receive compensation for attending meetings of the board, as shall be fixed in the budget prepared by the board for submission to and adoption by the cities and other municipalities or municipal authorities as provided in subsection (h).
(h) Budget.--
The budget item providing for the compensation to members for attending meetings shall not exceed a total of $250 per year, and the following shall apply:
(1) No member shall be paid unless the member attends a meeting of the board.
(2) The fee for each attendance shall be stipulated.
(3) Members shall be entitled to actual expenses to be paid by the respective cities and other municipalities or municipal authorities which the members represent.
(i) Power of board.--
The joint sewer board shall have the power to adopt rules and regulations to govern its proceedings and shall prepare and suggest any practical measures and plans by means of which the joint improvement may be carried to successful completion, and the future development of the system, so as to conform to a general plan, is assured and safeguarded.
(j) Submission of joint assessment.--
(1) The joint sewer board shall have power to prepare a joint agreement or agreements for submission to and adoption by cities and other municipalities or municipal authorities which shall set forth:
(i) The advisory and administrative powers of the board.
(ii) The consent of each city and other municipality or municipal authority to the proposed improvement.
(iii) The manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted.
(iv) How proposals for bids shall be advertised and contracts let.
(v) The manner in which the costs of the improvement and other incidental and preliminary expenses in connection with the improvement, and the future cost of operation and maintenance, shall be equitably shared, apportioned and paid.
(vi) Other matters including the preparation and submission of annual and other budgets as may be deemed necessary or required by law to carry the proposed improvement to completion and to assure future maintenance and operation of the improvement.
(2) Nothing contained in this subsection shall authorize the board to make any improvement or expend any public money which has not first been authorized by all of the cities and other municipalities or municipal authorities proceeding with the improvement.
(k) Eminent domain.--
(1) If it is necessary to acquire, appropriate, injure or destroy private property of any kind to build any joint sewer improvement and the private property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the city or other municipalities or municipal authorities where the property is located.
(2) If it is necessary to acquire, injure or destroy property of any kind in any territory not within the limits of any of the cities and other municipalities or municipal authorities joining in the improvement, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), the right of eminent domain shall be vested in any city and other municipalities or municipal authorities joining in the sewer improvement.
(l) Damages.--
Damages for any property taken, injured or destroyed shall be assessed as provided by the general laws relating to the cities and other municipalities or municipal authorities exercising the right of eminent domain and, pursuant to the procedures of 26 Pa.C.S. (relating to eminent domain) if applicable, shall be paid by cities and other municipalities or municipal authorities joining in the same proportion as other costs of the improvement.
(m) Indebtedness.--
Each of the cities joining in an improvement authorized by this section shall have power to incur or increase its indebtedness, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), for the purpose of paying its share or portion of the costs of the improvement.