In re Aliquippa Borough Council Petition

14 Pa. D. & C.3d 21, 1979 Pa. Dist. & Cnty. Dec. LEXIS 50
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedOctober 5, 1979
Docketno. 1415 of 1979
StatusPublished
Cited by1 cases

This text of 14 Pa. D. & C.3d 21 (In re Aliquippa Borough Council Petition) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Aliquippa Borough Council Petition, 14 Pa. D. & C.3d 21, 1979 Pa. Dist. & Cnty. Dec. LEXIS 50 (Pa. Super. Ct. 1979).

Opinion

WALKO, J.,

This matter is before the court on the petition of the council of the Borough of Aliquippa for authority to fund unfunded debt pursuant to the provisions of the Local Government Unit Debt Act of April 28, 1978, P.L. 124, 53 P.S. §6780-1 et seq. Both the original and amended petitions set forth various items which constitute the unfunded debt in the total amount of $1,040,907.37.1

After due notice to the borough and the taxpayers thereof, the matter was heard before this court on September 7, 13 and 17, 1979. Because of the important legal and factual questions involved in this [23]*23matter, an extended discussion of the act and its application to the borough’s request for relief is in order.

Recognizing that local government units may on occasion experience unforeseen fiscal problems and, accordingly, need means of relief, the General Assembly enacted the 1978 Debt Act and similar predecessor statutes.2 Generally, the act regulates not only the manner in which debt may be incurred but also provides for conditions and limitations on the amount of debt as well. For purposes of this case, the two most critical provisions of the act are sections 209 and 210. See 53 P.S. §6780-209 and 210. Section 6780-209 defines unfunded debt as:

“. . . [Obligations of the same or a prior year incurred for current expenses (including tax anticipation notes), due and owing or judgments against the local government unit . . . for the payment of either of which category the taxes and other revenues remaining to be collected in the fiscal year and funds on hand will not be sufficient without a curtailment of municipal services to an extent endangering the health or safety of the public . . . and the local government unit either may not legally levy a sufficient tax for the balance of the fiscal year, or a sufficient tax, if legally leviable, would not be in the public interest. Unfunded debt shall not, however, include debt incuired under this act nor obligations in respect of a project. . . .” (Emphasis supplied.)

[24]*24Section 210(a) of the act provides that whenever the local governing body is of the opinion that it has outstanding unfunded debt it may petition the court of common pleas requesting approval for funding such debt. Additionally, section 6780-210(a) supplies criteria to guide the court in reaching a determination as to whether to grant or deny the request by providing as follows:

. [T]he court shall make an order granting authority to fund all or a part of such unfunded debt if the court shall find that such unfunded debt is a lawful obligation of the local government unit, that there has been an unforeseeable decline in revenues, or that taxes levied have not produced the revenues anticipated or that it was not reasonable to foresee such obligation; that paying such debt by curtailing municipal services will be dangerous to the public health, safety or education, and that it is not feasible or not in the public interest to levy additional taxes in the current fiscal year.”

From the wording of the legislative enactment, it appears that four essential elements must manifest themselves before the court can grant approval, the failure of any element requiring the court to disapprove. Accord, New Castle Area School District Application, 2 D. & C. 3d 260 (1977). These four criteria are: 1. That such unfunded debt is a lawful obligation of the local government unit, 2. that (a) there has been an unforeseeable decline in revenues, or (b) taxes levied have not produced the revenues anticipated, or (c) it was not reasonable to foresee, such obligations, 3. that paying such debt by curtailing municipal services will be dangerous to the public-health, safety or education, and 4. that it is not feasible or not in the public [25]*25interest to levy additional taxes in the current fiscal year.

Therefore, it is incumbent upon this court to ascertain (1) whether the obligations, represented as due and owing, fit within the definition of unfunded debt and, (2) assuming the obligations are statutory unfunded debt, whether all four criteria of section 6780-210 have been satisfied.

The opening phrase of section 6780-209 defines unfunded debt as “obligations of the same or a prior year incurred for current expenses . . . due and owing.” Undeniably, all the obligations are due and owing; in fact, two of the many creditors arguably seeking some sort of payment on their extension of credit to the borough participated in the hearings. Through the testimony of several officials, the borough asks for relief from debts and various obligations incurred and unpaid dating from 1975 and 1976. Audits performed by a certified public accountant at the borough’s request for use at the hearing indicate that deficits in the General Fund balance have been carried forward since 1976. There is every indication that the borough will again experience a deficit in 1979 whether or not the proposed bond issuance is granted. The historical facts point clearly to one conclusion, namely, the borough has operated and does operate on a clearly unsound fiscal basis. Contrary to the literal language of the statute, then, funding is requested not for indebtedness of this or a prior year, but rather for this and the past four years. Clear statutory language should not be cast aside for to do so would result in an abdication of this court’s responsibility to the legislature. Bond counsel for the borough submitted in his oral summation that such a restrained interpretation of section 6780-209 is [26]*26unwarranted. Nevertheless, the courtis inclined to disagree for a number of reasons. ,

First, the legislature was specific in enacting the statute; it did not state in section 6780-209 obligations of this and prior years. Rather, unfunded debt was defined in the disjunctive and limited to this or a prior year. This court, must abide by the rule of statutory construction which provides that “[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa.C.S.A. §1921(b).

Second, the broad intent of the legislature has been to encourage and require local government bodies to practice sound fiscal policy. That would necessarily entail passage of reasonable budgets sufficient to cope with the need of the public. As the legislature is and has been aware, local government units often encounter financial distress near the conclusion of a fiscal year or in the beginning of another for reasons initially unforeseeable. Presumably the Local Government Unit Debt Act was enacted as a means to cure that distress in a most expeditious manner. The borough is of the opinion that the act is a vehicle whereby local government units, which roll their deficits over from year to year, compounding an already bleak financial picture, can seek relief from the court once “their backs were against the wall.” Clearly, the act is not the panacea the borough believes it to be. It seems highly unlikely that the legislative intent was to permit the grant of a bond issuance after years of deficit spending. Manifestly, it was not enacted to cure prolonged, known fiscal inadequacies, but rather, to cover those emergencies or other expenditures which were generally unforeseeable, or [27]*27where there has been an unforeseen decline in taxes or revenues.

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Related

In re the Council of Aliquippa
427 A.2d 693 (Commonwealth Court of Pennsylvania, 1981)

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Bluebook (online)
14 Pa. D. & C.3d 21, 1979 Pa. Dist. & Cnty. Dec. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aliquippa-borough-council-petition-pactcomplbeaver-1979.