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GRIFFITH v. MCCANDLESS TOWNSHIP (01/02/51)

January 2, 1951

GRIFFITH, APPELLANT,
v.
MCCANDLESS TOWNSHIP



Appeal, No. 110, March T., 1950, from order of Court of Common Pleas of Allegheny County, Oct. T., 1949, No. 479, in case of Thomas H. Griffith et ux. v. Township of McCandless et al. Order affirmed.

COUNSEL

William F. Beatty, for appellants.

Robert Van Der Voort, with him Rahauser, Van Der Voort, Royston, Robb & Leonard, for appellees.

Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.

Author: Chidsey

[ 366 Pa. Page 310]

OPINION BY MR. JUSTICE CHIDSEY

This is an appeal from an order sustaining preliminary objections to a taxpayers' bill in equity against the Supervisors of the second class Township of McCandless, Allegheny County. The bill challenges the validity of (1) an ordinance creating a water district and (2) a contract entered into pursuant to said ordinance between the Township and the Municipal Authority of the Borough of West View whereby water supply would be secured for said district.

Section 1601 of The Second Class Township Code, Act of 1947, P.L. 1481, 53 PS § 19093-1601, provides: "The supervisors of any township may, be contract

[ 366 Pa. Page 311]

    with any private corporation or any adjacent municipality owning a waterworks system, provide for a supply of water for public and private uses to be delivered through lines owned by such company or municipality within such township, or any part thereof.The contract shall provide how and in what manner the cost of such water service shall be paid by the consumers thereof."

Section 1609, 53 PS § 19093-1609, provides: "Whenever the taxpayers of any section of a township whose property valuation, as assessed for taxable purposes within such section, shall amount to fifty per centum of the total property valuation, as assessed for taxable purposes within such section, shall, by petition, so request, the supervisors of such township shall constitute such section into a water district or divide it into several water districts...."

Following a petition by property owners an ordinance was passed by the Township of McCandless on April 22, 1949, effective May 3, 1949, creating Water District No. 2. The ordinance, after describing the water district generally and by map made a part thereof, authorized the supervisors to enter into a contract with the Municipal Authority of the adjacent Borough of West View for the furnishing by the latter of a water supply for public and private use in the district. Pursuant thereto a contract was entered into on June 15, 1949.

Under the terms of the contract, the Authority agreed to supply water service to the water district and install the necessary distribution lines of the estimated length of 2,430 feet, with the right to designate their size and diameter, and the Township agreed to pay to the Authority $12,744.49 toward the cost of the installation. The ...


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