Complaints and petitions for declaratory orders

Act 231 of 1982, § 13, under THE CITY OF PHILADELPHIA MUNICIPAL UTILITY INVENTORY AND RECEIVABLES FINANCING ACT.

Act 231 of 1982, § 13

Section 13. Complaints and petitions for declaratory orders.

(a) Where proceedings for the incurring of debt or other obligations represented by bonds have been taken by the city hereunder, the city or any taxpayer of the city, or other interested party, may file with the court a petition for a declaratory order asserting the validity or a complaint asserting the invalidity of such proceedings, or any part thereof. Any such complaint asserting the invalidity of any such proceedings or part thereof, may be filed within the period specified by section 12(c) and not thereafter. If a petition for a declaratory order shall be filed in respect of any transcript, the court shall not act thereon within the period specified by section 12(c) and if a complaint is filed during such period with respect to such transcript, the court shall not approve the transcript during the pendency of the complaint before the court.

(b) The jurisdiction of the court to hear and determine all procedural and substantive matters arising from the proceedings of the city taken pursuant to this act, including without limitation, the regularity of the proceedings, the validity of the bonds and the legality of the purpose for which such obligations are to be issued, shall be exclusive. If the city shall file a petition for a declaratory order with the court, relating to such proceedings, the court may require such service by publication on taxpayers as the circumstances warrant. In all other respects the proceedings before the court shall be governed by rules or orders of the court. The court shall have the power, after appropriate proceedings in accordance with such rules or orders, to approve or disapprove the proceedings of the city under this act or to direct correction thereof. A final determination under this act by the court, or of an appellate court, in the case of appeal, shall be conclusive and binding as to all procedural and substantive matters which were or could have been presented to the court hereunder. A determination in favor of the city under this section shall have the effect provided in section 12(e).