53 Pa. Stat. § 16996

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 16996 - 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.

53 P.S. § 16996

1921, May 21, P.L. 1054, § 3.