8221 - Creation of sinking funds and deposits, reserves and surplus funds.

                               SUBCHAPTER B                SINKING FUNDS AND OTHER FUNDS AND ACCOUNTS     Sec.     8221.  Creation of sinking funds and deposits, reserves and            surplus funds.     8222.  Assessment fund.     8223.  Duty of treasurer.     8224.  Deposit and investment of moneys in sinking funds and            other funds.     8225.  Management of sinking and other funds.     8226.  Inspection of sinking funds and orders to comply.     8227.  Sinking fund not required for small borrowings.        Cross References.  Subchapter B is referred to in sections     8103, 8271 of this title.     § 8221.  Creation of sinking funds and deposits, reserves and                surplus funds.        (a)  General rule.--Every local government unit having     outstanding any bonds or notes, other than tax anticipation     notes and other than notes issued under section 8109 (relating     to small borrowing for capital purposes), shall create     forthwith, subject to the terms of any existing contracts with     the holders of such bonds or notes, and every local government     unit issuing any bonds or notes shall create simultaneously with     or prior to the delivery of the bonds or notes, and thereafter     maintain until the bonds or notes are paid in full, a sinking     fund:            (1)  for the aggregate or for one or more issues or        series of its general obligation bonds and notes; and            (2)  separately for each project or combination of        projects financed by revenue or guaranteed revenue bonds or        notes as to which different revenues are pledged.     If a sinking fund is established for more than one issue of     bonds, a separate debt service account for each issue may be     established in the sinking fund. The sinking fund shall be     maintained with a bank, trust company or bank and trust company     located and lawfully conducting a banking or trust business in     this Commonwealth and appointed from time to time as a sinking     fund depository.        (b)  Deposit of moneys.--Moneys for the payment of taxes     assumed and principal and interest on outstanding bonds or notes     shall be deposited in the applicable sinking fund or sinking     fund account from the sources, at the times and in the amounts     provided in any contract with the holders of the bonds and notes     but, in any event, prior to the time when payment of the taxes,     principal and interest become due and payable. All moneys     deposited in sinking funds as required by this subpart and all     investments and proceeds of investments thereof shall, without     further action or filing, be subject to a perfected security     interest for the holders of the bonds or notes for which the     sinking fund is held until the money or investments have been     properly disbursed or sold.        (c)  Revenues from use of capital project.--A local     government unit pledging the rates, rentals, receipts, charges     and tolls from the use of a capital project for the security of     revenue or guaranteed revenue bonds or notes may by ordinance     provide for the deposit thereof as and when received in the     sinking fund for the project.        (d)  Other funds and accounts.--A local government unit may     provide by ordinance for the creation and maintenance of other     accounts in the sinking fund or of other funds for revenue or     guaranteed revenue bonds or notes, including operating accounts     or funds for financed projects, reserve accounts or funds for     various purposes, a bond or note redemption account or fund and     a surplus account or fund, and may prescribe the purposes for     which the moneys and investments in each account or fund may be     withdrawn and the amounts, times and sources of deposits     therein. No ordinance shall restrict the application of the     rates, receipts, charges and tolls received in respect of a     capital project or combined capital projects, exclusive of     assessments and contributions for capital improvements, in any     fiscal year in excess of the amount required during the year for     operating expenses, plus 140% or such lesser percent as may be     fixed by ordinance of the amount required to be deposited during     the year from the revenues in the applicable sinking fund for     the payment, at maturity or scheduled mandatory redemption, of     the principal of and interest on the related bonds or notes.     This excess shall at all times be available for use by the local     government unit for any lawful purpose, and no contract with the     holders of bonds or notes shall provide to the contrary.        Cross References.  Section 8221 is referred to in section     8002 of this title.