(a) Gross nonelectoral and lease rental debt.--From the gross principal amount of all incurred debt shall be subtracted gross incurred electoral debt. The amount remaining shall then be separated into gross incurred nonelectoral debt and gross incurred lease rental debt.
(b) Net nonelectoral and lease rental debt.--Net nonelectoral and net lease rental debt shall then be determined by subtracting separately from gross nonelectoral debt and gross lease rental debt respectively, as may be applicable and as the local government unit may desire to claim, the following:
(1) All funds in the applicable sinking funds, whether controlled by the local government unit or by the authority which incurred the debt, reserve funds or accounts, except maintenance and replacement reserve funds or accounts, and net bond proceeds, held for the payment of the cost of a project financed by the debt, including, in each case, interest accrued thereon, but only to the extent that those funds are available for payment of the principal amount of the debt.
(2) The current appropriation for the payment of the principal of and overdue interest on the nonelectoral debt or for the payment of the net lease rental in the case of lease rental debt, except to the extent that the same has already been deposited in sinking funds.
(3) The uncollected amount of the benefits or costs or the estimates thereof which have been or are authorized to be assessed against owners of property and for which liens may be legally filed, to the extent that the assessments are available for the payment of the principal amount of the debt.
(4) The amount of delinquent taxes from prior years and other undisputed municipal liens actually filed against property less the sum of:
(i) A reserve, reasonable in amount, for so much thereof as may not be collected.
(ii) The amount thereof appropriated for current expenses in the current year's budget.
(5) The amount of self-liquidating debt, subsidized debt and debt issued to fund an unfunded actuarial accrued liability, properly excluded and concurrently excludable from each respective category being computed.
(6) The amount of surplus cash not specifically appropriated to any purpose and available for the payment of the principal amount of debt, but, if this deduction is claimed, the amount so claimed may not thereafter be appropriated to any purpose except the payment of debt.
(7) All other solvent debts due the local government unit directly, the payment of which can be enforced as one of the unit's quick assets, and which have not been committed to any other purpose.
(8) The amount of any insurance coverage indemnifying the local government unit against any outstanding liability to the extent the liability is debt.
(c) Priority of applying exclusions.--In determining net nonelectoral debt, the amounts claimed under subsection (b)(8) shall be exclusively applicable to nonelectoral debt, and subsection (b)(4), (6) and (7) shall be first applied against nonelectoral debt, with any excess being applicable against lease rental debt.
(d) Valuation of legal investments.--In computing the value of any funds, all legal investments therein shall be computed at current market values.
(e) Use of debt determinations.--The net nonelectoral debt so determined shall be used in determining compliance with the limit imposed by section 8022(a) (relating to limitations on incurring of other debt). The sum of the net nonelectoral debt and the net lease rental debt so determined shall be used in determining compliance with the limit imposed by section 8022(b).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 80 - General Provisions
Section 8001 - Short title, scope and applicability of subpart
Section 8003 - Advertisement and effectiveness of ordinances
Section 8004 - When lease or other agreement evidences acquisition of capital asset
Section 8005 - Classification and authority to issue bonds and notes
Section 8006 - Preliminary cost estimates
Section 8007 - Cost of project
Section 8009 - Guaranty funds and compulsory associations
Section 8021 - No limitation on debt approved by electors
Section 8022 - Limitations on incurring of other debt
Section 8023 - Transfer to electoral debt of debt incurred without approval of electors
Section 8024 - Exclusion of subsidized debt from net nonelectoral debt or net lease rental debt
Section 8027 - Effect of debt limitations on outstanding debt
Section 8029 - Determination of debt limits
Section 8041 - Desire resolution and expense of certain elections
Section 8042 - Advertisement of election
Section 8043 - Conduct of election
Section 8044 - Finality of result of election
Section 8045 - Effect of defeat of question
Section 8046 - Issuance of bonds, notes or other instruments to evidence electoral debt
Section 8047 - Cancellation or termination of approval of electors
Section 8048 - Limitation on use of proceeds of electoral debt