(a) General rule.--The proceeds of refunding bonds, together with any other moneys made available for the purpose, shall be used solely for the purpose of retiring the bonds being refunded and for the purpose of paying the costs of the refunding.
(b) When obligations no longer deemed outstanding.--Any bonds or notes to be redeemed or paid shall no longer be deemed to be outstanding for the purpose of determining the net debt of the local government unit or for the purposes of any indenture limitations on repledging revenues when the local government unit has irrevocably deposited with a bank or bank and trust company in a sufficient amount:
(1) Moneys.
(2) Noncallable securities of the Federal Government or of the Commonwealth maturing or payable at par at the option of the holders at or prior to the dates needed for disbursement.
(3) Time deposits or certificates of deposit, with a firm rate of interest or stated minimum rate of interest, issued by a bank or bank and trust company and insured or adequately secured as required by section 8224 (relating to deposit and investment of moneys in sinking funds and other funds).
(4) Any combination of the foregoing.
(c) Deposits equal to principal and interest.--Subject to any relevant contrary law or regulation, the amount deposited may be equal to the principal and interest to become due on the bonds or notes being refunded to the date on which the bonds or notes are stated to mature or any lesser amount computed in accordance with the provisions of subsection (d).
(d) Test of sufficiency.--The deposited amount shall be sufficient when it, together with the interest to be earned thereon, will equal the principal, premium and interest to become due on the bonds or notes being refunded to the earlier of the date at which any bonds or notes are stated to mature or have been called for prior redemption, except that the local government unit shall simultaneously have given the bank or bank and trust company instructions and authority, stated to be irrevocable, to publish any notices of redemption remaining to be published.
(e) Irrevocable call for redemption.--When stated to be irrevocable, the instructions and authority to call bonds or notes for redemption shall become irrevocable upon the delivery thereof or upon the deposit of the moneys or securities in a sufficient amount to effect the redemption, whichever occurs later. Until the irrevocability has occurred, a call for redemption may be revoked by notice given in the same manner as the notice of redemption.
Cross References. Section 8250 is referred to in sections 8110, 8246 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 82 - Miscellaneous Provisions
Section 8202 - Filing of statements of noncompletion of sale with department
Section 8203 - Fees for filing
Section 8204 - Certificate of approval of transcript
Section 8205 - Certificate of disapproval and correction of proceedings
Section 8206 - Effect of failure of timely action by department
Section 8207 - Records of department
Section 8209 - Finality of proceedings as to validity of instruments
Section 8210 - Power of department to define terms, issue rules and regulations and prescribe forms
Section 8211 - Petitions for declaratory orders and complaints to department
Section 8221 - Creation of sinking funds and deposits, reserves and surplus funds
Section 8222 - Assessment fund
Section 8223 - Duty of treasurer
Section 8224 - Deposit and investment of moneys in sinking funds and other funds
Section 8225 - Management of sinking and other funds
Section 8226 - Inspection of sinking funds and orders to comply
Section 8227 - Sinking fund not required for small borrowings
Section 8241 - Power to refund
Section 8242 - Treatment of costs upon refunding
Section 8243 - Limitation on extending term of debt by refunding
Section 8244 - Effect of debt limits on refunding nonelectoral bonds or notes or lease rental debt
Section 8245 - Refunding of electoral debt
Section 8246 - Procedure for authorization, sale, issue and approval of refunding bonds or notes
Section 8247 - Special limitation on refunding of funding debt
Section 8248 - Approval of refunding by the electors
Section 8249 - Refunding with bonds of another type
Section 8251 - Cessation of interest on called bonds or notes
Section 8261 - Failure to budget debt service
Section 8262 - Failure to pay principal or interest
Section 8263 - Trustee for bondholders
Section 8264 - Receiver for revenue projects
Section 8265 - Costs of suits or proceedings
Section 8266 - Distribution of moneys realized for bondholders
Section 8271 - Failure to obey sinking fund directive of department
Section 8281 - Qualified interest rate management agreements
Section 8282 - Covenant to pay amounts due under qualified interest rate management agreements