53 Pa. C.S. § 8049

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 8049 - Manner of changing purpose of electoral debt

If the governing body determines it to be advisable either before or after the issue of bonds or notes to use the proceeds, or any part thereof, of bonds or notes evidencing electoral debt for any purpose other than the project approved by the electors or the payment or prior redemption or purchase of bonds or notes evidencing debt incurred for the project, the governing body shall by resolution express its desire to do so, specifying the project for which the funds are proposed to be used, and shall provide for an election to be held in like manner, time and place as provided in this subchapter for elections to secure the assent of the electors to the increase of debt, except that the notice of the election shall state:

(1) The date on which such election is to be held.

(2) The date and amount of money theretofore borrowed and the project for which borrowed.

(3) The amount of money remaining unused.

(4) The new purpose for which the local government unit desires to make use of the money.

(5) The reason why the money is not being used for the purpose for which it was borrowed.

(6) The question to be submitted to the electors, which shall be substantially in the following form:

Shall the sum of (insert amount) dollars heretofore borrowed or authorized to be borrowed by this local government unit for the purpose of (state purpose) be used for the purpose of (state purpose)?

The election shall be conducted, return made thereon, notices of election published and certificates filed and recorded as provided in section 8043 (relating to conduct of election). If it appears that a majority of those voting on the question have voted in favor of using the funds for the changed purpose, irrespective of any other statute requiring a greater percentage, the funds specified may be used for the changed purpose.

53 Pa.C.S. § 8049

1996, Dec. 19, P.L. 1158, No. 177, § 1, effective in 60 days.