Page:United States Statutes at Large Volume 90 Part 1.djvu/366

 90 STAT. 316

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11 USC 402.

Notice and hearing.

Notice and hearing.

11 USC 403.

PUBLIC LAW 94-260—APR. 8, 1976 " (7) 'person' includes a corporation o r a partnership, the United States, the several States, and political subdivisions and public agencies and instrumentalities of the several States; " (8) 'petitioner' means agency, instrumentality, or subdivision which has filed a petition under this chapter; " (9) 'plan' means plan filed under section 90; "(10) 'special tax payer' means record owner or holder of title, legal or equitable, to real estate against which has been levied a special assessment or special tax the proceeds of which are the sole source of payment of obligations issued by the petitioner to defray the costs of local improvements; and "(11) 'special tax payer affected by the plan' means special tax payer with respect to whose real estate the plan proposes to increase the proportion of special assessments or special taxes referred to in paragraph (10) of this section assessed against that real estate. " SEC. 82. JURISDICTION AND POWERS OF COUKT.—

" (a) JURISDICTION.—The court in which a petition is filed under this chapter shall exercise exclusive original jurisdiction for the adjustment of the petitioner's debts, and for the purposes of this chapter, shall have exclusive jurisdiction of the petitioner and its property, wherever located. " (b) POWERS.—After the filing of a petition under this chapter the court may— " (1) permit the petitioner to reject executory contracts and unexpired leases of the petitioner, after hearing on notice to the parties to such contracts leases and to such other parties in interest as the court may designate; " (2) during the pendency of a case under this chapter, or after the confirmation of the plan if the court has retained jurisdiction under section 9 6 (e), after hearing on such notice as the court may prescribe and for cause shown, permit the issuance of certificates of indebtedness for such consideration as is approved by the court, upon such terms and conditions, and with such security and priority in payment over existing obligations, secured or unsecured, and over costs and expenses of administration, not including operating expenses of the petitioner, as in the particular case may be equitable; and " (3) exercise such other powers as a r e not inconsistent with the provisions of this chapter. " (c) LIMITATION.—Unless the petitioner consents or the plan so provides, the court shall not, by any stay, order or decree, in the case or otherwise, interfere with— " (1) any of the political o r governmental powers of the petitioner; " (2) any of the property or revenues of the petitioner; or " (3) the petitioner's use or enjoyment of any income-producing property. " (d) DESIGNATION o r JUDGE.—After the filing of a petition, the chief judge of the court in the district in which the petition is filed shall immediately notify the chief judge of the circuit court of appeals of the circuit in which the district court is located, who shall designate the judge of the district court to conduct the proceedings under this chapter. " SEC. 83. RESERVATION OF STATE POWER TO CONTROL GOVERNMENTAL FUNCTIONS OF POLITICAL SUBDIVISIONS.—Nothing contained in t h i s

chapter shall be construed to limit or impair the power of any State

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