Pennsylvania Act 1923-30 — FIRST CLASS CITIES, FINANCES

Act text

FIRST CLASS CITIES, FINANCES
                   Act of Apr. 3, 1923, P.L. 50, No. 30               Cl. 11
                                  AN ACT

     Authorizing cities of the first class to provide for the use of
        moneys borrowed, or authorized to be borrowed, for purposes
        which have proved or may prove impracticable, impossible or
        inadvisable, for any other lawful municipal purpose, or to
        provide for the cancellation of the authority to borrow such
        moneys.

        Section 1.  Be it enacted, &c., That whenever any city of the
     first class has increased or has authorized the increase of its
     indebtedness without the assent of the electors of such city, or
     shall hereafter so increase or authorize the increase of its
     indebtedness, and the purpose of such increase or authorized
     increase has proved or shall prove to be impracticable,
     impossible or inadvisable, the council of such city may by their
     ordinance, which shall require the affirmative vote of two-
     thirds of all of the members of the council, so declare, and (a)
     may provide for the use of the money so borrowed or authorized
     to be borrowed for any other municipal purpose for which such
     indebtedness could have originally been lawfully incurred and
     upon the certificate of the City Controller as required by law
     for the original incurring of such debt, or (b) may rescind in
     whole or in part the authority to borrow such money. The council
     of such city may rescind in like manner in whole or in part the
     authority to borrow such money if originally authorized with the
     assent of the electors.
        (1 amended Oct. 17, 1969, P.L.270, No.110)
        Section 2.  When said debt shall have been authorized or
     increased without the assent of the electors, prior to the final
     passage of the ordinance, a summary of the provisions of each
     section thereof shall be published five times, at intervals of
     not less than three days in at least two daily newspapers having
     a bona fide circulation in such city of at least thirty thousand
     (30,000) copies per issue.
        (2 amended June 23, 1955, P.L.190, No.54)
        Section 3.  Whenever the original increase of indebtedness
     shall have been made or authorized with the assent of the
     electors of such city, and the council may desire to use the
     money so borrowed, or authorized to be borrowed, for any other
     lawful municipal purpose as aforesaid, they shall give notice by
     advertisement, once a week for three weeks in each of three
     daily newspapers having a bona fide circulation in such city of
     at least thirty thousand (30,000) copies per issue, and in the
     legal journal designated by the rules of court for the
     publication of legal notices and advertisements, of an election
     to be held at the place or places of holding municipal elections
     on a day to be by them fixed. Such notice shall state: (a) The
     date of such election: (b) The amount of money theretofore
     borrowed or authorized to be borrowed for the purpose in
     question: (c) The purpose for which such indebtedness was
     originally authorized: (d) The new purpose for which the council
     of such city desire to make use of said money, and such notice
     may further state: (e) The reason why said money may not be used
     for the purpose for which it was borrowed or authorized to be
     borrowed or why it may be advisable not to use it for such
     purpose.
        A certified copy of the ordinance required by section one of
     this act, and where notice shall be required by section three
     hereof a copy of such notice, shall be filed in the office of
     the prothonotary of the court of common pleas of the county in
     which such city is situated.
        (3 amended Oct. 17, 1969, P.L.270, No.110)
        Section 4.  The council of such city shall fix the time of
     the holding of any such election on the day of the municipal or
     general, or other special election, unless more than ninety days
     shall elapse between the date of the ordinance and the day of
     holding the municipal or general, or other special election, in
     which case they may fix another day. If any day other than the
     day of the municipal or general, or other special election day,
     is fixed, the expense of holding the election shall be paid by
     the city.
        Section 5.  Such election shall be held in the place, time,
     and under the same regulations as provided by law for the
     holding of municipal elections, and the question to be submitted
     to the electors shall be substantially in the following form:
        Shall the sum of . . . . . . . . . . . . . . . . dollars
     heretofore borrowed, or authorized to be borrowed, by the City
     of . . . . . . . . . . . . . . for the purpose of . . . . . . .
     . . . . . be used by the same city for the purpose of . . . . .
     . . . . . ?
        The ballot shall be prepared in the manner provided by the
     election law for the submission of similar questions.
        (5 amended Oct. 17, 1969, P.L.270, No.110)
        Section 6.  The election shall be conducted by the regular
     election officers. The election officers shall count the tickets
     cast at such election and make a return thereof to the
     prothonotary of the court of common pleas of the county duly
     certified as is required by law. In receiving and counting, and
     in making return of the votes cast, the inspectors, clerks, and
     judges of election shall be governed by the laws of this
     Commonwealth governing municipal elections, and the vote shall
     be counted by the court as is now provided by laws governing
     municipal elections. All penalties of the said election laws for
     violation thereof shall apply to the voters, inspectors, judges,
     and clerks voting at, and in attendance upon, elections held
     under the provisions of this act.
        Section 7.  The prothonotary shall make a return of the vote
     cast upon such questions, as filed in his office, to the
     corporate authorities of such city, and the same shall be placed
     on record among or upon the minutes thereof.
        Section 8.  If at such election a majority of the electors
     voting thereon shall vote in favor of using said money so
     borrowed, or authorized to be borrowed, for the new purpose as
     stated in the said notice, the said money may be used for such
     new purpose as if it had originally been authorized or borrowed
     therefor, in accordance with such vote of the electors.
        (8 amended Oct. 17, 1969, P.L.270, No.110)