8261 - Failure to budget debt service.

                               SUBCHAPTER D                                 REMEDIES     Sec.     8261.  Failure to budget debt service.     8262.  Failure to pay principal or interest.     8263.  Trustee for bondholders.     8264.  Receiver for revenue projects.     8265.  Costs of suits or proceedings.     8266.  Distribution of moneys realized for bondholders.        Cross References.  Subchapter D is referred to in section     8106 of this title.     § 8261.  Failure to budget debt service.        If a local government unit having outstanding any general     obligation bonds or notes or guaranteed revenue bonds or notes,     lease rental debt or guaranty of authority obligations fails or     refuses to make adequate provision in its budget for any fiscal     year for the sums payable in respect of the bonds or notes,     lease rental or guaranty in the year or fails to appropriate or     pay the moneys necessary in that year for the payment of the     amount of the lease rental or guaranty, as the case may be, of     the maturing principal of and the interest on the bonds or notes     or any of them, or any tax anticipation notes, or any sinking     fund obligation for the bonds or notes or tax anticipation     notes, or guaranty or the lease rental payment coming due in the     fiscal year of the budget or for which the appropriations or     payments should have been made, then at the suit of the holder     of any bond, note or tax anticipation note or coupon or     guaranty, or the holder of any authority obligation secured by a     lease evidencing the acquisition of a capital asset or of any     taxpayer of the local government unit, the court of common pleas     shall, after a hearing held upon such notice to the local     government unit as the court may direct and upon a finding of     such failure or neglect, by order of mandamus require the     treasurer of the local government unit to pay into the sinking     fund for each series of bonds or notes then outstanding, or for     each guaranty or lease rental payment, the first tax moneys or     other available revenues or moneys thereafter received in the     fiscal year by the treasurer, equally and ratably for each     series for which provision has not been made in proportion to     debt service for the year on each series then outstanding, or     the amounts due upon guaranties or as payments with respect to     lease rental debt, as the case may be. Any priority on incoming     tax moneys accorded to a separate sinking fund for tax     anticipation notes under the authority of section 8125 (relating     to security for tax anticipation notes and sinking fund) shall     not be affected by this provision until the sum on deposit in     each sinking fund equals the moneys that should have been     budgeted or appropriated for each series.        Cross References.  Section 8261 is referred to in section     8262 of this title.