act-1897-0-117•Pennsylvania Act 1897-117 — VALIDATING INDEBTEDNESS OF SCHOOL DISTRICTS
Pennsylvania Act 1897-117 — VALIDATING INDEBTEDNESS OF SCHOOL DISTRICTS
act-1897-0-1171897 Pa. Act 117Law
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.
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