act-1919-0-81•Pennsylvania Act 1919-81 — PHILADELPHIA, CALCULATING BORROWING CAPACITY
Pennsylvania Act 1919-81 — PHILADELPHIA, CALCULATING BORROWING CAPACITY
act-1919-0-811919 Pa. Act 81Law
Act text
PHILADELPHIA, CALCULATING BORROWING CAPACITY
Act of May 2, 1919, P.L. 106, No. 81 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 and
the proceeds thereof invested in any public improvements of
any character which shall be yielding to the said city an
annual current net revenue.
Section 1. Exclusion of debts for revenue producing
improvements in determining borrowing capacity; petition to
court
Whenever the City of Philadelphia shall have incurred any
debt or debts for, and the proceeds thereof shall have been
invested in, any public improvements of any character which
shall be yielding to the said city an annual current net
revenue, the said 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 public improvement
or improvements yielding such annual current net revenue, the
amount of indebtedness which shall have been incurred for, and
the proceeds thereof invested in, such public improvement or
improvements, the gross revenue from each of said improvements
during the year immediately preceding the time of filing such
petition, and the average rate of interest and sinking-fund
charges payable upon the indebtedness incurred by said city as
to each of such improvements; and it may, at the option of the
petitioner, also contain a statement of the deductions deemed
proper to be made from the gross revenue therefrom in order to
ascertain the current net revenue from each improvement during
the preceding year, together with such details with regard to
the said gross revenue and deductions therefrom in order to
ascertain the current net revenue and deductions therefrom as
may be, in the opinion of the petitioner, necessary for making
such computation, as well as a calculation of the capitalization
of such annual current net revenue at the average rate of
interest and sinking-fund charges payable upon the indebtedness
incurred by the said city for the purpose of the said public
improvements, and together with such other information as may be
pertinent to the ends of the inquiry. The petition, hereinabove
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 and by the chief of the bureau
in immediate charge thereof, as to the matters within their
special knowledge or control, respectively. 1919, May 2, P.L.
106, Sec. 1.
Section 2. Notice; 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 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. 1919, May 2, P.L. 106, Sec. 2.
Section 3. Decision; 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 incurred and
the proceeds thereof invested in any public improvements of any
character which shall be yielding to the said city an annual
current net revenue, how much of such debt shall have been so
incurred and the proceeds thereof so invested in each of such
public improvements, the amount of the gross revenue and the net
revenue from each such public improvement during the year
immediately preceding the time of such ascertainment, with such
particulars as shall show how the computation of the net revenue
is made, the average rate of interest and sinking-fund charges
payable upon the indebtedness incurred by the said city for each
such improvement, and the capitalization of the principal amount
which would yield such annual current net revenue at the average
rate of interest and sinking-fund charges payable upon the
indebtedness incurred by the said city therefor; 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 a 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 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
become otherwise indebted. 1919, May 2, P.L. 106, 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 relating to the amount of the
debt of the City of Philadelphia which may be deducted from its
indebtedness, in ascertaining its borrowing capacity, by reason
of such debt having been incurred and the proceeds thereof
invested in any public improvements of any character which shall
be yielding to the said city an annual current net revenue. (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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