act-1921-0-383•Pennsylvania Act 1921-383 — FIRST CLASS CITIES, FINANCES
Pennsylvania Act 1921-383 — FIRST CLASS CITIES, FINANCES
act-1921-0-3831921 Pa. Act 383Law
Act text
FIRST CLASS CITIES, FINANCES
Act of May 21, 1921, P.L. 1054, No. 383 Cl. 11
AN ACT
To carry out the provisions of section eight, article nine of
the Constitution of the State of Pennsylvania, as amended,
and, for that purpose, prescribing the method of determining
the amount which may be deducted in ascertaining the
borrowing capacity of the city of Philadelphia by excluding
from the calculation, and deducting from its indebtedness, so
much of the debt of said city as shall have been incurred, or
is about to be incurred, and the proceeds thereof expended or
about to be expended, upon any public improvement or in the
construction, purchase, or condemnation of any public
utility, or part thereof or facility therefor, if such public
improvement or public utility, or part thereof, whether
separately or in connection with any other public improvement
or public utility, or part thereof, may reasonably be
expected to yield revenue in excess of operating expenses
sufficient to pay the interest and sinking-fund charges
thereon.
Section 1. Borrowing capacity of Philadelphia; petition to
common pleas to determine
Whenever the city of Philadelphia shall have incurred or is
about to incur any debt or debts for, and the proceeds thereof
shall have been or are about to be invested in, any public
improvements of any character, or in the construction, purchase,
or condemnation of any public utility, or part thereof or
facility therefor, which, either separately or in connection
with any other public improvement or public utility, or part
thereof, may reasonably be expected to yield revenue in excess
of operating expenses sufficient to pay the interest and
sinking-fund charges thereon, the city may, at any time and from
time to time, present its petition to any of the courts of
common pleas of the county in which such city is situated for
the purpose of having determined the amount of its debt which
may be deducted from its indebtedness in ascertaining the
borrowing capacity of the said city as provided in section
eight, article nine of the Constitution of the State of
Pennsylvania, as amended. The said petition shall contain an
enumeration of any such public improvement or improvements,
public utilities, part or parts thereof and facilities therefor,
so reasonably to be expected to yield such revenue, the amount
of indebtedness which shall have been incurred or is about to be
incurred for such public improvement or improvements, public
utilities, part of parts thereof and facilities therefor, the
average rate of interest and sinking-fund charges payable upon
the indebtedness incurred by said city as to each of such
improvements, public utilities, part of parts thereof and
facilities therefor, and such other facts as may show or tend to
show that the operation of the said improvements, public
utilities, part or parts thereof and facilities therefor,
whether operated separately or in connection with any other
public improvement or public utility, or part thereof, may
reasonably be expected to yield revenue in excess of operating
expenses sufficient to pay the interest and sinking-fund charges
thereon, and together with such other information as may be
pertinent to the ends of the inquiry. The petition herein above
provided for shall be made and sworn or affirmed to by the
mayor, and shall be filed by the city solicitor having first
been attested by the city controller and by the head of the
department or other branch of the city government having the
management of such improvements, as to the matters within their
special knowledge or control, respectively. 1921, May 20, P.L.
1054, Sec. 1.
Section 2. Application upon petition; time for; notice of.,
answer; hearing
Upon the filing of the aforesaid petition, the court in which
it shall have been filed shall fix a date, not less than three
weeks nor more than five weeks thereafter, for the making of an
application pursuant to the prayer of said petition, and notice
of the filing thereof and of the date fixed for making such
application shall be published by the mayor, not less than once
a week for three weeks, in three daily newspapers of general
circulation published in said city, to be designated by the
court, and in the legal journal in which legal notices are
regularly printed. On or before the date so fixed, all parties
in interest, including the taxpayers, the owners or holders of
bonds or other securities of said city, or otherwise, may appear
in person or by attorney, and file with the said court a
verified answer or answers to the aforesaid petition. Upon the
date so appointed for the making of such application, or at such
time thereafter as it or he may fix, the said court or one of
the judges thereof shall proceed forthwith to take the testimony
of the parties so appearing, and to hear argument thereon, as in
other cases; at which taking of testimony and hearing of
argument, all parties shall be entitled to present evidence, to
be heard, and to file briefs, as the said judge or court may
direct. 1921, May 21, P.L. 1054, Sec. 2.
Section 3. Decision and order; exceptions
After hearing the allegations and proofs and the arguments
thereon of the respective parties, the court or the judge before
whom such hearing is had shall render a decision, stating how
much of the debt of the said city shall have been or is about to
be incurred and the proceeds thereof expended or about to be
expended in any such public improvements or in the construction,
purchase, or condemnation of any such public utility, or part
thereof or facility therefor, which, operated either separately
or in connection with any other public improvement or public
utility, or part thereof, may reasonably be expected to yield
revenue in excess of operating expenses sufficient to pay the
interest and sinking-fund charges thereon, with such particulars
as shall show the gross income therefrom, the operating expenses
thereof, and the net revenue, -- all of which may be actual or
estimated, -- and the total amount of the interest and sinking-
fund charges payable upon the indebtedness incurred or about to
be incurred by the said city for each such improvement,
construction, purchase, or condemnation; and shall make an order
fixing the total amount which for that reason the said city may
exclude from the calculation and deduct from its debt in
ascertaining its borrowing capacity. Should such hearing be
before a judge of the said court, exceptions to his findings and
decision may be filed by any party in interest who shall have
appeared, as aforesaid, within ten (10) days after such decision
shall have been rendered and notice of said findings and
decision shall have been given to all such parties by the
prothonotary of the court; and the said exceptions shall be
heard and disposed of by the court in banc, in the same manner,
and subject to the same rules, as govern the hearing of
exceptions upon trials in equity. If no exceptions be filed
within ten (10) days to the findings and decision of such judge,
they shall be final and conclusive. Upon the making of such
order by the court or by a judge thereof, if no exceptions be
filed to his decision, the amount so ascertained shall thereupon
be wholly excluded in determining the power of such city to
incur debt. 1921, May 21, P.L. 1054, Sec. 3.
Section 4. Such determination and order of the court of
common pleas shall not be subject to any other appeal or review,
or to collateral attack of any kind whatsoever, but shall, with
respect to the validity of all municipal loans, and in all other
respects, be final and conclusive, and the proceeding herein
provided for shall be the sole and exclusive method of
determining the aforesaid matters. (4 repealed in part Apr. 28,
1978, P.L.202, No.53)
Compiler's Note: Section 2(a) of Act 53 of 1978 provided
that the reference in section 4 to "the proceeding herein
provided for" shall be deemed a reference to 42 Pa.C.S. §
5105 (relating to right to appellate review).
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