Section 57440 - Building joint sewers(a) Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), a township may contract with another municipal corporation providing for the joint construction or maintenance of sanitary sewer systems and for joint construction onto existing sanitary sewer systems, and the following shall apply: (1) The agreement shall provide for the apportionment of costs among the municipal corporations.(2) The board of commissioners may assess the township's respective portion of the costs, as may be legally assessable, upon property benefited by the facilities pursuant to Article XXV-A.(3) Any portion of the cost not assessed or assessable shall be paid by the respective municipal corporations under the agreement.(4) In addition to or in lieu of contracting with other municipal corporations, townships may contract with municipal authorities for the purposes of this section.(b)(1) The municipal corporations joining or contemplating joining in any improvement, in order to facilitate the building of the sanitary sewer system and in securing preliminary surveys and estimates, may by ordinance provide for the appointment of a joint sanitary sewer board composed of one representative from each of the municipal corporations joining. The board shall act as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance.(2) Members of the joint sanitary sewer board established under paragraph (1) shall serve for terms of six years each, from the date of the member's appointment until the member's successor is appointed. The joint sanitary sewer board shall organize by the election of a chairperson, secretary, and treasurer.(3) The municipal corporations may, in the ordinances creating the joint sanitary sewer board, authorize the board to appoint an engineer, a solicitor and other assistants as deemed necessary and agree to the share of the compensation of those persons each municipal corporation is to pay.(4) The members of the joint sanitary sewer board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint sanitary sewer board and submitted to and adopted by the municipal corporations. The members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent.(c)(1) A joint sanitary sewer board may adopt rules and regulations consistent with the requirements of this article 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 plan the future development of the system, so as to conform to a general plan.(2) The joint sanitary sewer board may prepare a joint agreement or agreements for submission to and adoption by the municipal corporations defining the advisory and administrative powers of the joint sanitary sewer board and setting forth the following:(i) consent of the municipal corporations to the proposed improvement;(ii) the manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted;(iii) how proposals for bids shall be advertised and contracts awarded;(iv) 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; and(v) all other matters, including the preparation and submission of annual and other budgets, as may be deemed necessary or required by law to complete the proposed improvement and to assure future maintenance and operation thereof.(3) The joint sanitary sewer board may not make any improvement or expend any public money which has not first been authorized by all of the municipal corporations proceeding with the improvement.(d)(1) When it is necessary to acquire, appropriate, injure or destroy private property to build a joint sanitary sewer system or improvement and the property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the municipal corporation where the property is located.(2) When it is necessary to acquire, injure or destroy property in any territory not within the limits of any of the municipal corporations joining in the improvement, the right of eminent domain shall be vested in a municipal corporation adjacent to the territory where the property is located subject to 26 Pa.C.S. § 206 (relating to extraterritorial takings).(3) Damages for any property taken, injured or destroyed shall be assessed as provided by the laws relating to the municipal corporation exercising the right of eminent domain and shall be paid by the municipal corporations joining in the same proportion as other costs of the improvement.(e) Each township joining in an improvement shall have power to incur or increase the township's indebtedness, not exceeding constitutional limits, for the purpose of paying the township's share or portion of the cost of the improvement in the manner now provided by law for the incurring of indebtedness.1931, June 24, P.L. 1206, art. XXIV, § 2440. Amended 1935, April 4, P.L. 22, § 1; 1937, June 5, P.L. 1734, § 1; 1949, May 27, P.L. 1955, § 49; 2020, Oct. 29, P.L. 782, No. 96, § 129, effective in 60 days [Dec. 28, 2020].