CHAPTER VI.

SPECIAL POWERS.

ARTICLE XV.

ELECTRIC WIRES.

(366). Section 1. Boroughs may define, by ordinance, a reasonable district within which electric light, telephone, and telegraph wires shall be placed underground in conduits, owned either by the borough or by corporations owning such wires, or by corporations organized for the purpose of laying such conduits and renting space therein.

This section was drafted from part of Sec. 1, Act of June 12, 1913, P. L. 488.

For construction of a similar provision in an act pertaining to third class cities, see Oil City vs. Postal Telegraph Cable Co., 68 Sup. Ct. 77. (367). Section 2. Whenever conduits are owned by any person, firm, or corporation, the borough may regulate, by ordinance, the manner in which conduits shall be used, and the terms and conditions, and the rate of rental to be charged for space therein.

This section was drafted from part of Sec. 1, Act of June 12, 1913, P. L. 488.

(368). Section 3. Boroughs may acquire such conduits by pur chase or by condemnation, and in the latter case the court of common pleas, or any judge thereof in vacation, shall, upon the petition of the borough, appoint a jury of three viewers from the county. board, not residents of the borough, and the proceedings for the assessment of damages shall be the same as provided in chapter six. article two of this act for property taken, injured, or destroyed.

This section was drafted from part of Sec. 1, Act of June 12, 1913, P. L. 488, wherein it was provided that when a conduit was condemned "the proceedings shall be the same as provided by law in the case of the condemnation of land by a railroad company." Instead of the latter, a reference was made to Chapter VI, Article 2, which contains the procedure for the condemnation of property for public improveAlso the three viewers appointed are confined to the County Board of Viewers in conformity to the Act of June 23, 1911, P. L. 1123. (369). Section 4. The borough authorities shall not surrender or barter away the rights reserved in sections one, two, and three of this act.

ment.

This section was drafted from part of Sec. 1, Act of June 12, 1913, P. L. 488.

(370). Section 5. The court of quarter sessions of the county, upon the appeal of any person, may review any ordinance passed pursuant to this article, and may annul such ordinance if deemed unreasonable. Such appeal shall be taken within thirty days from the approval of such ordinance.

This section was drafted from Sec. 2, Act of April 28, 1903, P. L. 335, wherein is the provision "That such appeal be taken within thirty days from the approval and advertisement of such ordinance." In the present section the word “advertisement" is omitted.

CHAPTER VI.

SPECIAL POWERS.

ARTICLE XVI.

WATER-COURSES.

(a) Widening and Deepening Water-Courses and Erecting Embankments.

(371). Section 1. Boroughs may widen and deepen water-courses running through the borough, and may erect such dykes and embankments along the same as shall be necessary to prevent the water from overflowing the banks thereof.

This section was drafted from part of Sec. 1, Act of June 8, 1891, P. L. 210, wherein, for the purposes named in this section, the power is given to boroughs "to enter upon private property on and along such streams and water courses." This provision is omitted in the present section.

(372). Section 2. Boroughs may enter upon any land lying near such water-courses, and secure such material as may be necessary for the purpose of making and repairing the embankments along such water-courses, when the same cannot be obtained by contract at reasonable prices. Boroughs shall cause no unnecessary damage to the owners of such lands, and shall repair any fences which they may destroy.

This section was drafted from Sec. 2, Act of June 8, 1891, P. L. 210. (373). Section 3. Boroughs may appropriate, for such purposes, any moneys of the borough applicable to the making and maintaining of the streets and bridges of such borough.

This section was drafted from part of Sec. 3, Act of June 8, 1891, P. L. 210.

(374). Section 4. Any person aggrieved by reason of any ordinance passed pursuant to the preceding sections of this article may complain to the court of common pleas, and proceedings may be

had in the court to fix and determine the damages and the rights of all parties interested, in the same manner as provided in chapter six, article two of this act.

This section was drafted from part of Sec. 3, Act of June 8, 1891, P. L. 210, wherein it was provided that parties should apply to the court of quarter sessions, and that the damages should be assessed in the same manner as in the case of roads, streets, etc. This reference could have been only to the Act of April 22, 1856, P. L. 525, which is the only procedure in the court of quarter sessions in such cases, as this act was amended by Act of May 2, 1901 P. L. 113, by changing, inter alia, the jurisdiction to the court of common pleas, and as, in the present act, all such proceedings are under the Act of May 16, 1891, P. L. 75, this section was changed so as to place the jurisdiction in the court of common pleas and the procedure the same as provided in the Act of 1891, P. L. 75, and its amendments and supplements.

(b) Vacation and Alteration of Course or Channel of Water-Courses.

(375). Section 5. Boroughs may vacate or alter the course or channel of any water-course, other than navigable streams, and for such purpose may enter upon and condemn such property and materials as may be necessary.

This section was drafted from part of Sec. 1, Act of April 28, 1899, P. L. 74.

(376). Section 6. No ordinance for the vacation or alteration of the course or channel of any water-course shall be passed until notice thereof has been given by publication of the proposed ordinance, at least once a week for three consecutive weeks, in one newspaper published in the county.

This section was drafted from part of Sec. 1, Act of April 28, 1899, P. L. 74.

(377). Section 7. The borough may, at any time after the passage of the ordinance, present a petition to the court of common pleas, setting forth the nature of the vacation or alteration proposed in the course or channel of such water-course, together with a description of the proposed improvements, and praying the court to appoint three viewers to ascertain the damages, costs, and expenses resulting therefrom, and to assess the damages, costs, and expenses, or so much thereof as the viewers may deem reasonable, upon the property benefited.

This section was drafted from part of Sec. 2, Act of April 28, 1899, P. L. 74.

(378). Section 8. The court, or any law judge thereof in vacation, shall appoint three viewers from the county board of viewers,

and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same and the premises affected.

This section was drafted from part of Sec. 2, Act of April 28, 1899, P. L. 74.

(379). Section 9. The proceedings before such viewers, for the allowances of damages for property taken, injured or destroyed, and for the assessment of benefits upon property benefited, shall be as provided in chapter six, article two of this act.

This section is new and, in the above reference, covers the procedure set forth in part of Sec. 2 and Secs. 3, 4, 5, 6 and 7 of the Act of April 28, 1899, P. L. 74, which, so far as the proceedings before the viewers are concerned, was drawn over the Act of May 16, 1891, P. L. 75. This latter act, with its supplements and amendments, is found in Chapter VI, Article 2.

(380). Section 10. If any borough shall repeal any ordinance passed, or discontinue any proceeding taken, providing for any such improvements, prior to the entry upon, appropriation, or injury to any property or materials, the borough shall not be liable to pay any damages, but all costs upon any such proceeding, together with any actual damage or injury sustained by reason of such proceeding, shall be paid by the borough.

This section was drafted from Sec. 8, Act of April 28, 1899, P. L. 74. The following provision has been omitted from Sec. 10, viz:that the above action shall be taken by the borough "within thirty days after the filing of the report of the viewers assessing damages and benefits."

(381). Section 11. When the court has entered its final decree confirming the report or fixing the assessments, the assessments of benefits shall become liens upon the property assessed, and such claims shall be filed and collected in the same manner as municipal claims are filed and collected, or they may be collected by action of assumpsit; the lien of the judgment, however, to be limited to the property assessed.

This section was drafted from Sec. 9, Act of April 28, 1899, P. L. 74. This section in its original form provided that these claims should be "collected as now provided by law;" instead thereof the clause "such claims shall be filed and collected in the same manner as municipal claims are filed and collected" has been inserted. The provision, "That said assessment of benefits shall bear interest at the expiration of thirty days from the confirmation of the report or the making of the decree" is omitted, the same being covered in Article II, Sec. 35 of this chapter.

(382). Section 12, Nothing contained in section five of this article, or in the sections based thereon, shall apply to any water

course used by any municipality or water company as a source of supply, unless such municipality or water company shall consent to such vacation or alteration.

This section was drafted from Sec. 10, Act of April 28, 1899, P. L. 74.

(c) Confining and Paving Water-Courses.

(383). Section 13. Upon the written request of the board of health, the borough may confine and pave any water-course, or part thereof, other than navigable streams, within the limits of the borough, and for such purpose may enter upon and condemn such property and materials as may be necessary to complete such work.

This section was drafted from part of Sec. 1, Act of July 10, 1901, P. L. 634.

(384). Section 14. No ordinance for the confining or paving of any water-course shall be passed until notice thereof has been given by publication of the proposed ordinance, once a week for three consecutive weeks, in one newspaper published in the county.

This section was drafted from part of Sec. 1, Act of July 10, 1901, P. L. 634.

(385). Section 15. When the work of confining and paving of any water-course has been completed, if the borough cannot agree with the property owners as to the payment of the costs and expenses, the borough may present its petition to the court of common pleas, setting forth the character of such improvements, and that the damages, costs and expenses incurred have not been paid, and praying the court to appoint three freeholders as viewers to ascertain the damages, costs, and expenses resulting therefrom, and to ratably assess the damages, costs and expenses, or so much thereof as the viewers may deem reasonable, upon the property benefited, and make report thereof to the court.

This section was drafted from part of Sec. 2, Act of July 10, 1901, P. L. 634.

(386). Section 16. The court, or any law judge thereof, shall thereupon appoint three viewers from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when the viewers shall meet upon the line of the improvement and view the same.

This section was drafted from part of Sec. 2, Act of June 10, 1901, P. L. 634.

The provision that the court shall appoint "three disinterested freeholders as viewers" was changed to "three viewers from the county. board of viewers" in harmony with the Act of June 23, 1911, P. L. 1123.