Township of Forks v. Forks Township Municipal Sewer Authority

759 A.2d 47, 2000 Pa. Commw. LEXIS 494
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 7, 2000
StatusPublished
Cited by5 cases

This text of 759 A.2d 47 (Township of Forks v. Forks Township Municipal Sewer Authority) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Township of Forks v. Forks Township Municipal Sewer Authority, 759 A.2d 47, 2000 Pa. Commw. LEXIS 494 (Pa. Ct. App. 2000).

Opinion

FLAHERTY, Judge.

Forks Township Municipal Sewer Authority (Authority) appeals from an order of the Court of Common Pleas of Northampton County (trial court) dissolving a preliminary injunction and requiring the Authority to comply with certain resolutions of Forks Township (Township). We affirm in part and vacate and remand.

The Township created the Authority in 1965 under the Municipal Authorities Act of 1945(Act), Act of May 2, 1945, P.L. 382, as amended, 53 P.S. §§ 301-322. In 1969, the Authority issued tax-exempt municipal bonds and built the sewer system. On February 5, 1998, the Township adopted a series of resolutions (the Resolutions) which collectively compel the Authority to pay off all its outstanding indebtedness, to transfer the municipal sewer system, its assets, other property and records (Project) to the Township and to dissolve the [50]*50Authority for the purpose of acquiring full and complete ownership of the Project.1

On March 5, 1998, the Authority filed a declaratory judgment action against the Township in the trial court, requesting the trial court to determine the legality of the Resolutions. On March 9, 1998, the Authority requested a preliminary injunction to prevent the Township from enforcing i+s Resolutions. The trial court granted the preliminary injunction until the merits of the case were decided.

On April 8, 1998, the matters were consolidated by the trial court. On April 15, 1998, the Township filed an action in mandamus seeking an order to compel the Authority to comply with the Resolutions. The trial court conducted a non-jury trial on the merits on July 27, 1998. On October 2, 1998, the Court entered an Adjudi[51]*51cation including Findings of Fact and Conclusions of Law and Order of Court in favor of the Township against the Authority dissolving the preliminary injunction, denying the request for declaratory judgment and granting the Township’s request for mandamus authorizing the enforcement of the Resolutions.

The trial court then granted the Authority a stay of its orders, pending the disposition of the appeal of this matter by the Authority.

Important to the disposition of this case are the underlying facts found by the trial court:

II. Findings of Fact
4. The purpose of the establishment of the Authority was for the acquisition and construction of a complete sanitary sewage collection system which would provide sewage service in certain portions of the Township.
5. In order to finance construction of the system, the Authority sold approximately $2,600,000.00 in municipal sewer revenue bonds in 1969. These bonds are bearer bonds and are secured by a trust indenture executed by the Authority-
6. Under the trust indenture, Easton National Bank and Trust Company is named the trustee. As a result of various mergers that trustee is now First Union National Bank.
7. Approximately $960,000.00 of sewer revenue bonds are currently outstanding.
8. To derive monies to pay the bonds, the Authority entered into an Agreement of Lease (‘Lease’) with the Township. Under that Agreement, the Township leased the sewer system from the Authority.
9. Pursuant to the Lease, the Township is required to pay the Authority sufficient funds for its operation. A portion of these funds are used to pay interest, principal and costs on the outstanding bonds.
10.Under the lease, the Township is responsible for the operation and maintenance of the sewer system. Under Section 9.02 of the trust indenture, the Authority covenanted that it would cause the Township to maintain the sewer system in good repair, continuously operate the same and make all necessary repairs, replacements and improvements to maintain adequate service. The Township is also responsible for collection of sewer revenues, including user charges from owners of improved real property in the Township, who are connected to the system.
12. [Sic] On July 10, 1991, the Authority incurred an obligation to pay $552,000.00 to the Tatamy Borough Sewer Authority. Under a written agreement with Tatamy Borough Sewer Authority, the Authority purchased 70 percent capacity in Tatamy’s sewer interceptor payable in annual payments of $3,807.00 amortized at a rate of one percent interest over 20 years.
18. The Authority has in excess of $2,000,000.00 in liquid assets, which are more than enough to retire its outstanding debt.
14. The Township is contemplating a zoning ordinance change to which the Authority objects. The Township became concerned that the Authority was going to institute litigation against the Township in order to enforce provisions of both the Lease and the trust indenture that the Authority felt were violated by the proposed ordinance.

Main Brief for Appellant, Adjudication, pp. 31-33.

The Authority raises the following issues for our review.2

[52]*521. By leasing the sewer system owned by the Authority for a term not to expire until December 31, 2008, has the Township waived its power under the Municipal Authorities Act to dissolve the Authority? The trial court answered in the negative.
2. Does the Authority have an absolute property right in the sewer system under the Lease which cannot be defeated by the Township’s Resolutions to dissolve the Authority? The trial court answered in the negative.
3. Can the Township avoid its obligations under the Lease in the bond issue by dissolving the Authority? The trial court answered in the affirmative.
4. Where the Authority’s outstanding bonds are bearer bonds, and the Trust Indenture requires the Authority to take all steps, including legal action, to enforce the Lease and protect the interest of bond holders, can the interest of the bond holders be defeated by the Township ordering all bonds to be paid prematurely? The trial court answered in the affirmative.
5. Do the Resolutions ordering the Authority to pay off all bonds and debts and prohibiting the contesting of or spending funds to contest the legality of the Resolutions and ordering all assets to be turned over to the Township violate the Authority’s sovereignty and independent status? The trial court answered in the negative.

The basic question is, however, does the Township have the authority under the law and the contract documents (the Trust Indenture and Lease) to order the Authority it created to dissolve itself.3

Section 14 and Section 18A of the Act (Sections 14 and 18A) govern the termination of the Authority. Section 14 has been held to authorize the Township, as the creating municipality, to take over the Project pursuant to Section 18A after the impediments of Section 14 in the form of agreements, claims and outstanding debt obligations (the Bonds) are discharged. Forward Twp. Sanitary Sewage Authority v. Twp. of Forward, 654 A.2d 170 (Pa.Cmwlth.1995).4

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
759 A.2d 47, 2000 Pa. Commw. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-forks-v-forks-township-municipal-sewer-authority-pacommwct-2000.