Appeal from the Order of the Court of Common Pleas of Luzerne County in case of City of Hazleton v. Hazle Township, No. 7676 of 1977.
Thomas L. Kennedy, for appellant.
Correale F. Stevens, for appellee.
Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 45 Pa. Commw. Page 371]
Hazle Township appeals an order of the Common Pleas Court of Luzerne County requiring it to pay to the City of Hazleton the sum of $7,225.10, being one-half the cost of construction of sanitary and storm sewers installed by the City on the boundary street between the municipalities.
[ 45 Pa. Commw. Page 372]
Is the township obligated to reimburse the City for any costs incurred by the City in constructing these sewers?
The trial court held that, even in the absence of a formal share-of-cost agreement, the township, as beneficiary of the construction, was liable for one-half the sewer installation costs on a quantum meruit theory. It also found that the sewage effluent discharging into the street constituted a local health problem and required prompt attention.
The statutory law of this Commonwealth which bound the City is Article XXIX, Section 2985 of the Third Class City Code:*fn1
Whenever any street is on the boundary line between any city and a township, such street shall be maintained jointly by the city and the township. For the purpose of maintaining any such street, the authorities of any city are hereby directed to enter into agreements with the authorities of any township providing the manner in which the same shall be maintained, and providing for the division of the cost of maintenance between the city and township. If any such city or township shall fail or refuse to enter into any such contract, any taxpayer thereof or the corporate authorities of the city or township may present a petition to the court of quarter sessions of the county, setting forth the facts. The court, after hearing, of which such notice shall be given to all ...