act-1937-0-507•Pennsylvania Act 1937-507 — SECOND CLASS CITIES, NON-DEBT BONDS
Pennsylvania Act 1937-507 — SECOND CLASS CITIES, NON-DEBT BONDS
act-1937-0-5071937 Pa. Act 507Law
Act text
SECOND CLASS CITIES, NON-DEBT BONDS
Act of Jul. 1, 1937, P.L. 2631, No. 507 Cl. 11
AN ACT
Authorizing and regulating the issuing, by cities of the second
class, of non-debt revenue bonds for the construction or
acquisition of waterworks, and for extensions and
improvements to waterworks; providing for the redemption of
such bonds and the payment of interest thereon from rentals
and charges imposed upon consumers; and establishing the
rights of bondholders.
Section 1. Be it enacted, &c., That for the purpose of
financing the cost and expense of constructing or acquiring any
waterworks or constructing extensions to or improving existing
waterworks, any city of the second class may issue non-debt
revenue bonds secured solely by a pledge in whole or in part of
the annual rentals or charges imposed upon consumers of water.
Said bonds shall not pledge the credit, not create any debt nor
be a charge against the general revenues nor be a lien against
any property of the city, but shall be a lien upon and payable
solely from the annual rentals or charges imposed upon
consumers.
Section 2. Whenever any city of the second class has enacted
an ordinance or resolution imposing a water rental or charge
upon consumers, and has pledged sufficient of the revenues to be
derived therefrom for the payment of the interest and sinking
fund charges on such non-debt revenue bonds, it shall have power
to authorize the issue and sale of such non-debt revenue bonds
from time to time as the work of construction proceeds, and
sufficient additional non-debt revenue bonds as may be necessary
may be issued and sold to provide for the interest and sinking
fund charges accruing thereon, until said waterworks, extensions
or improvements have been completed and have been in operation
for not exceeding one year, in order to provide sufficient
revenues until such time as rentals or charges may be collected
from consumers.
Nothing in this section shall be construed to abridge or
restrict or in any way impair the right of any city to create
indebtedness in accordance with existing laws.
Section 3. When any city of the second class shall issue
such non-debt revenue bonds, the authorities thereof may sell
the same or any portion thereof at private sale to the United
States of America or any agency, instrumentality or corporation
thereof, or to the sinking fund of the city. Any bonds not so
sold shall be sold to the highest responsible bidder after
public notice by advertisement once a week for three weeks in at
least one newspaper of general circulation published in the
city. No bid for such bonds at less than par value shall be
accepted. Where bonds shall be advertised for sale as herein
provided and no bids have been received, then it shall be lawful
for such city to sell the same at private sale for not less than
par value and accrued interest.
Section 4. All such bonds shall be payable in not more than
thirty years from the date of their issue, shall be issued in
series payable in annual installments as may be determined by
the city, and bear interest at a rate not exceeding six per
centum per annum.
Section 5. Said bonds shall have all the qualities of
negotiable instruments under the law merchant and the negotiable
instruments law of the Commonwealth of Pennsylvania.
Section 6. Any city of the second class may enter into any
deeds of trust, indentures or other agreements with any bank or
trust company or other person or persons in the United States
having power to enter into the same, including any Federal
agency, as security for such bonds, and may assign and pledge
all or any of the revenues or receipts of the waterworks
thereunder. Such deed of trust, indenture or other agreement may
contain such provisions as may be customary in such instruments
or as the city may authorize, including (but without limitation)
provisions as to--(1) the construction, improvement, operation,
maintenance, and repair of the waterworks and the duties of the
city with reference thereto, (2) the application of funds and
the safeguarding of funds on hand or on deposit, (3) the rights
and remedies of said trustee and the holders of the bonds (which
may include restrictions upon the individual right of action of
such bondholders), and (4) the terms and provisions of the bonds
or the resolutions authorizing the issuance of the same.
Section 7. The rights and the remedies herein conferred upon
or granted to the bondholders shall be in addition to, and not
in limitation of, any rights and remedies lawfully granted to
such bondholders by the resolution or resolutions or ordinance
or ordinances providing for the issuance of bonds or by any deed
of trust, indenture or other agreement under which the same may
be issued. In the event that the city shall default in the
payment of principal of or interest on any of the bonds after
the said principal or interest shall become due, whether at
maturity or upon call for redemption, and such default shall
continue for a period of thirty days, or in the event that the
city shall fail or refuse to comply with the provisions of this
act or shall default in any agreement make with the holders of
the bonds, the holders of twenty-five per centum in aggregate
principal amount of the bonds then outstanding by instrument or
instruments filed in the office of the recorder of deeds of the
county and proved or acknowledged in the same manner as a deed
to be recorded, may appoint a trustee to represent the
bondholders for the purposes herein provided. Such trustee, and
any trustee under any deed of trust, indenture or other
agreement may, and upon written request of the holders of
twenty-five per centum (or such other percentage as may be
specified in any deed of trust, indenture or other agreement
aforesaid) in principal amount of the bonds then outstanding,
shall in his or its own name--
(a) By mandamus or other suit, action or proceeding at law
or in equity, enforce all rights of the bondholders, including
the right to require the city to collect rates, rentals and
other charges adequate to carry out any agreement as to or
pledge of the revenues or receipts of the waterworks, and to
require the city to carry out any other agreements with or for
the benefit of the bondholders, and to perform its and their
duties under this act.
(b) Bring suit upon the bonds.
(c) By action or suit in equity, require the city to account
as if it were the trustee of an express trust for the
bondholders.
(d) By action or suit in equity, enjoin any acts or things
which may be unlawful or in violation of the rights of the
bondholders.
(e) By notice in writing to the city declare all bonds due
and payable, and if all defaults shall be made good, then, with
the consent of the holders of twenty-five per centum (or such
other percentage as may be specified in any deed of trust,
indenture or other agreement aforesaid) of the principal amount
of the bonds then outstanding, to annul such declaration and its
consequences.
The court of common pleas of the county shall have
jurisdiction of any suit, action or proceedings by the trustee
on behalf of the bondholders. Any trustee, whether appointed as
aforesaid or acting under a deed of trust, indenture or other
agreement, and whether or not all bonds have been declared due
and payable, shall be entitled as of right to the appointment of
a receiver who may enter and take possession of the waterworks
or any part or parts thereof, the revenues or receipts from
which are or may be applicable to the payment of the bonds so in
default, and operate and maintain the same and collect and
receive all rentals and other revenues thereafter arising
therefrom, in the same manner as the city, and shall deposit all
such moneys in a separate account and apply the same in such
manner as the court shall direct in any suit, action or
proceeding by the trustee. The fees, counsel fees, and expenses
of the trustee and of the receiver, if any, and all costs and
disbursements allowed by the court shall be a first charge on
any revenues and receipts derived from the waterworks, the
revenues or receipts from which are or may be applicable to the
payment of the bonds so in default. Said trustee shall, in
addition to the foregoing, have and possess all of the powers
necessary or appropriate for the exercise of any functions
specifically set forth herein or incident to the general
representation of the bondholders in the enforcement and
protection of their rights.
Section 8. This act shall become effective immediately upon
its final enactment.
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