Pennsylvania Act 1897-117 — VALIDATING INDEBTEDNESS OF SCHOOL DISTRICTS

Act text

VALIDATING INDEBTEDNESS OF SCHOOL DISTRICTS
                 Act of Jun. 10, 1897, P.L. 139, No. 117              Cl. 24
                                  AN ACT

     To validate the indebtedness of school districts in boroughs and
        townships, created by such school districts in excess of two
        per centum and less than seven per centum of the last
        assessed valuation of taxable property of such district, with
        the assent of the electors thereof where such assent has not
        been first obtained, and providing for the issuing of bonds
        or other evidences of such indebtedness.

        Section 1.  Debts irregularly incurred; submission to
     electors
        Whenever any school district in any borough or township of
     this Commonwealth shall have heretofore created an indebtedness
     for a lawful purpose, by action of the legal and proper officers
     thereof, such indebtedness being within the constitutional limit
     of seven per centum and in excess of two per centum of the last
     assessed valuation of such school district, and not having first
     obtained the assent of the electors thereof in favor of
     increasing such indebtedness as provided by law, it shall be
     lawful for the proper officers of such school district to cause
     to be submitted to the electors of such school district the
     question of validating and giving binding force to such
     indebtedness theretofore attempted to be created.  1897, June
     10, P.L. 139, Sec. 1.
        Section 2.  Election; notice of; time and place of holding;
     ballots; returns; what law governs election
        The corporate authorities of any such school district may, by
     resolution, signify their desire to validate and give binding
     force to such indebtedness, whereupon it shall be their duty to
     give notice during at least thirty days by weekly advertisements
     in the newspapers, not exceeding three in said district, and if
     no newspaper be published therein, by at least twenty printed
     handbills posted in the most public parts thereof, of an
     election to be held at the place or places of holding the
     municipal elections, in which such school district may be, on a
     day to be by them fixed, for the purpose of obtaining the assent
     of the electors thereof to the making valid and giving binding
     force to such increase of indebtedness. said notice shall
     contain a statement of the amount of the last assessed
     valuation, of the amount of the existing debt, of the amount and
     percentage of the increase proposed to be made valid, and of the
     purposes for which the indebtedness was created and the money
     used.  Such election shall be held at the place and time, and
     under the same regulations, as provided by law for the holding
     of municipal elections, and it shall be the duty of the
     inspectors and judges of such election to receive tickets,
     either written or printed, from electors qualified under the
     Constitution of this State to vote in such district, labeled on
     the outside "increased debt," and containing in the inside the
     words "in favor of debt as already increased," or "against debt
     as increased," and to deposit said tickets in a box provided for
     that purpose as is provided by law in regard to other tickets
     received at said election; and the tickets so received shall be
     counted and return thereof made to the clerk of the quarter
     sessions of the proper county, duly certified, as is required by
     law, together with a certified copy of the resolution and the
     advertisement; and the said clerk shall make record of the same
     and furnish a certified copy thereof, under seal, showing the
     result to the corporate authorities of such school district, and
     the same shall be placed of record upon the minutes thereof.
     The corporate authorities of such school district shall in all
     cases fix the time of holding such election on the day of the
     municipal or of the general election, unless more than ninety
     days elapse between the date of the resolution or vote desiring
     such increase and the day of holding the said municipal or
     general election.  If any other day be fixed for such election
     the expense of holding the same shall be paid by the school
     district for the benefit of which it shall be held.  In
     receiving and counting and in making return of the votes cast
     the inspectors, judges and clerks of said election shall be
     governed by the laws of this Commonwealth regulating municipal
     elections, and the vote shall be counted by the court as is now
     provided by general laws governing municipal elections; and all
     the penalties of said election laws for the violation thereof
     are hereby extended to and shall apply to the voters,
     inspectors, judges and clerks voting at and in attendance upon
     the elections held under the provisions of this act. 1897, June
     10, P.L. 139, Sec. 2.
        Section 3.  Effect of vote in favor of validation; tax levy
     to pay increased debt
        Whenever, by the returns of such election, it shall appear
     that a majority of the votes cast is in favor of making valid
     the increased debt, such debt shall thereupon become valid and
     of binding force; but the proper authorities in said school
     district shall, before issuing any obligation therefor, assess
     and levy an annual tax, which tax shall be equal to at least
     eight per centum of the amount of such increased debt and which
     shall be sufficient for and be applied exclusively to the
     payment of the interest and the principal of such debt within a
     period not exceeding thirty years from the date of such
     increase, and the moneys arising from such tax shall be applied
     annually, as far as the same may accumulate, to the redemption
     at par of the said outstanding obligation. 1897, June 10, P.L.
     139, Sec. 3.
        Section 4.  Recall and cancellation of irregularly issued
     bonds
        Where any school district in any borough or township has
     heretofore issued bonds or other evidences of indebtedness,
     without having first submitted the question of increasing the
     indebtedness to the electors of the district, when such
     submission was made necessary by law, such bonds or other
     evidences of indebtedness shall be returned and canceled before
     the issuance of other bonds or evidences of indebtedness made
     valid by such election as hereinbefore prescribed. 1897, June
     10, P.L. 139, Sec. 4.
        Section 5.  Application of act
        The provisions of this act shall not apply to any case where
     by judicial decision the bonds of any such school district shall
     have been declared invalid.  1897, June 7, P.L. 139, Sec. 5.