PART II
CREATION, TERRITORY, ALTERATION AND DISSOLUTION
Chapter
7. Alteration of Territory or Corporate Entity and
Dissolution
9. Municipal Reapportionment
Enactment. Part II was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
CHAPTER 7
ALTERATION OF TERRITORY OR CORPORATE
ENTITY AND DISSOLUTION
Subchapter
B. Municipal Boundary Change
C. Consolidation and Merger
Enactment. Chapter 7 was added October 13, 1994, P.L.596, No.90, effective in 90 days.
SUBCHAPTER B
MUNICIPAL BOUNDARY CHANGE
Sec.
711. Scope of subchapter.
712. Definitions.
713. Interpretation.
714. Stream boundaries.
715. Boundary change agreement by abutting municipalities.
716. Petition and establishment of disputed boundaries by judicial ascertainment.
717. Judicial ascertainment procedure.
718. Effective date of boundary change.
719. Notification of boundary change.
720. Monuments.
721. Wards.
722. Collection of taxes levied prior to change of boundary and authorized expenditures.
723. Election districts and officers.
724. Governing body agreements.
725. Adjustment of indebtedness.
726. Judicial adjustment award proceedings.
727. Compensation, expenses and costs.
728. Territory located in multiple counties.
729. Bond issues.
Enactment. Subchapter B was added July 7, 2022, P.L.455, No.41, effective in 60 days.
§ 711. Scope of subchapter.
This subchapter relates to municipal boundary changes and adjustments to municipal indebtedness and property rights following boundary change.
§ 712. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abutting municipal corporations." Municipal corporations that share contiguous territory.
"Boundary ascertainment." Establishment of a municipal boundary between abutting municipal corporations by judicial decree.
"Boundary change" or "change of boundary." Any change in the municipal boundary between abutting municipalities, other than as a result of a merger or consolidation under Subchapter C (relating to consolidation and merger), including any transfer of territory, boundary clarification or boundary ascertainment.
"Boundary clarification." Establishment of a municipal boundary by agreement under this subchapter between municipal corporations in a territorial area with a previously unclear boundary.
"Contiguous territory." Territory of which a portion abuts the boundary of another municipal corporation, including territory separated from the exact boundary of another municipal corporation by a street, road, railroad or highway or by a river or other natural or artificial stream of water.
"Governing body." The council in a city, borough or incorporated town, the board of commissioners in a county or township of the first class, the board of supervisors in a township of the second class or the legislative policymaking body in a home rule municipality.
"Impacted property." A parcel of real property that is divided by a municipal boundary prior to, or will be divided incident to, a proposed boundary change.
"Impacted territory." Territory which is subject to a boundary change.
"Municipal corporation." A city, borough, incorporated town, township or home rule municipality that is not a county.
"Municipality." A county, city, borough, incorporated town or township.
"Unclear boundary." Contiguous territory between two municipal corporations in which the exact boundary between the municipal corporations is in dispute or cannot be readily discerned as a result of conflicting or missing records.
§ 713. Interpretation.
(a) Certain actions unaffected.--Nothing in this title shall preclude, restrict or limit successive changes in boundaries and territorial limits of any municipality.
(b) County boundaries unaffected.--When a boundary change is made under the provisions of this title which results in a municipal corporation which lies partly in one county and partly in one or more other counties, the territory within the municipal corporation shall, for county purposes, be and remain a part of the county in which the respective territory is physically located.
(c) School districts unaffected.--Nothing in this title, and no action taken under this title, shall affect or apply to any school district or any school district boundary, but nothing shall preclude further action from being taken under the provisions of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, or other applicable provisions of law to change the boundary or location of a school district.
(d) Initiative and referendum.--Nothing in this title shall preclude a change of boundary by initiative and referendum as provided in sections 8 and 14 of Article IX of the Constitution of Pennsylvania.
§ 714. Stream boundaries.
(a) General rule.--If a municipal corporation is bounded by the nearest margin of a navigable stream and the opposite municipal corporation is also bounded by the nearest margin of the same stream, the middle of the stream shall be the boundary between the municipal corporations.
(b) Prior actions unaffected.--Nothing in this section shall be construed to affect any boundary established prior to the effective date of this section between municipal corporations or repeal any local or special law contrary to this section.
§ 715. Boundary change agreement by abutting municipalities.
(a) General rule.--Two or more abutting municipal corporations may, by the adoption of an ordinance memorializing an agreement under this subchapter:
(1) Transfer or exchange territory between municipal corporations.
(2) Establish a territorial boundary between municipal corporations by boundary clarification.
(a.1) County boundary agreement by certain abutting counties.--Two or more abutting counties may, by the adoption of an ordinance memorializing an agreement under this subchapter, transfer territory between counties to the extent necessary to align a portion of the county territorial boundary with the territorial boundary of a municipal corporation where the municipal corporation is divided by the existing county territorial boundary.
(b) Prohibition on unincorporated territory.--No boundary change may result in territory not incorporated in any municipal corporation or county.
(c) Contents of ordinance.--An ordinance under this section shall provide a description of the territory to be transferred by a change of boundary, or territorial boundary to be established within the impacted territory, and shall contain or have attached a plot showing the courses and distances of the boundaries of the municipalities as follows:
(1) In the case of a transfer of territory, municipal boundaries before and after the proposed change in the boundaries or territorial limits.
(2) In the case of a boundary established to resolve an unclear boundary, the proposed boundary and a description of the area which was in dispute or unclear.
(d) Public meeting.--In addition to the procedures that apply to the proposal and adoption of ordinances, each municipality shall accept public comment on the proposed ordinance at a regular or special meeting occurring not less than 10 days after the ordinance is introduced and occurring not less than 10 days prior to the adoption of the ordinance. Nothing shall prevent the municipalities from satisfying this requirement by holding a joint public meeting in one of the municipalities.
(e) Notification of ordinance.--Within 15 days after enactment of an ordinance under this subchapter, the governing body of a municipality shall perform all of the following acts:
(1) Assign, for reference, a distinctive designation to any impacted territory.
(2) File with the clerk of court and board of commissioners of the county a certified copy of the ordinance by which the change was effected, together with a plot, showing the courses and distances of the boundaries before and after the change and clearly indicating any designation or designations, as provided in paragraph (1). If the impacted territory is located in or impacts the territorial boundary of more than one county, the documents and information shall be filed in each impacted county.
(3) Notify the record owner of each impacted property in writing.
(f) Petition and suspension of ordinance.--A boundary change under an ordinance enacted under this section shall be suspended following the presentation of a petition, in writing, to the municipal secretary, or the chief clerk of the county, as the case may be, of at least one impacted municipality protesting the proposed boundary change. A valid petition under this section shall be composed of:
(1) at least 20% of registered electors of the municipal corporation or county. Petitioners must provide their address on the petition along with their respective signatures; or
(2) at least one owner of an impacted property.
(g) Deadline for filing petition and notice.--A petition under subsection (f) shall be filed with the secretary or clerk of the municipal corporation, or the chief clerk of the county, as the case may be, where the registered electors reside no later than the 20th day after the date on which the municipal corporation files its documents under subsection (e)(2) in the county. If the required number of registered electors have signed the petition, the municipal secretary or clerk shall provide notice of the petition to the governing body of all impacted municipalities.
(h) Referendum.--The following shall apply:
(1) If the required number of electors or owners have signed the petition as provided in subsection (f) in any impacted municipal corporation or county, the governing body of each impacted municipality shall call for a referendum to be held at the time of the next general, municipal or primary election occurring at least 90 days after the petition has been filed, at which election the question of whether the boundary change as provided in the ordinance of each affected municipality will be submitted to the electors of each affected municipality. Notice of the election and the text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(2) The question to be submitted to the electors on the ordinance shall be framed to identify the ordinance, followed by the words "yes" and "no." The question shall be placed on the ballot which shall be counted, returned and computed in accordance with the election laws of this Commonwealth.
(3) If the majority of the qualified electors of the municipality voting on the ordinance vote for the ordinance in all impacted municipalities, the boundary change shall take effect.
Cross References. Section 715 is referred to in sections 718, 719 of this title.
§ 716. Petition and establishment of disputed boundaries by judicial ascertainment.
(a) Judicial ascertainment.--A court of common pleas may, upon presentation of a petition, ascertain and establish disputed boundaries of two or more municipal corporations.
(b) Bond required.--If a petition is presented, the court under subsection (a) may require the petitioners to file a bond in a sufficient amount to secure the payment of all costs of the proceeding.
(c) Petition requirement.--A petition under this section shall be submitted in writing by:
(1) One or more owners of an impacted property.
(2) Ten or more residents of any municipal corporation impacted by the disputed boundary.
Cross References. Section 716 is referred to in section 717 of this title.
§ 717. Judicial ascertainment procedure.
(a) Appointment.--Upon application by petition under section 716 (relating to petition and establishment of disputed boundaries by judicial ascertainment), the court shall appoint three impartial individuals as commissioners, one of whom must be a surveyor or registered engineer.
(b) Hearing.--After providing notice to interested parties and upon publication of the petition, as directed by the court, the commissioners shall hold a hearing and view the disputed lines and boundaries.
(c) Stay of proceedings.--In the event that the governing body of a municipal corporation notifies the court that the impacted municipal corporations intend to resolve the disputed boundary by agreement under this act, the court shall stay any proceedings under this section for 90 days. A stay may be extended at the discretion of the court if it appears that the impacted parties are pursuing an agreement in good faith.
(d) Report.--A majority of the commissioners shall issue the report and recommendations to the court, accompanied by a plot or draft of the lines and boundaries proposed to be ascertained and established if the lines and boundaries cannot be fully designated by natural lines or boundaries.
(e) Exceptions.--Exceptions to the report under subsection (d) may be filed within 30 days after the filing of the report by an interested person or political subdivision. The court shall set and provide notice of a hearing on the exceptions. After a hearing under this subsection, the court may sustain or dismiss the exceptions. If the court has sustained the exceptions, the court may refer the report back to the same or new commissioners with the authority to make another report.
(f) Decree.--If no exceptions are filed within 30 days after the filing of the report, or the exceptions have been dismissed, the court shall confirm the report. If a report is confirmed, the court shall:
(1) Enter a decree ascertaining and establishing the lines and boundaries as shown in the report.
(2) Direct publication of the decree under paragraph (1).
(3) Order that the boundary line be marked by appropriate monuments.
(g) Compensation, expenses and costs.--The compensation and expenses of commissioners appointed under subsection (a) shall be in a reasonable amount as approved by the court. The court shall, by order, provide how costs and expenses of the proceedings shall be paid and may assess the costs individually or in apportioned amounts against the following:
(1) The petitioners.
(2) Any interested municipal corporation.
§ 718. Effective date of boundary change.
(a) Change by ordinance.--The change in boundaries under an ordinance shall take effect on January 1 of the year following the date on which all of the documents under section 715(e)(2) (relating to boundary change agreement by abutting municipalities) have been filed, unless:
(1) the filing date is within 60 days prior to the end of a calendar year, in which case the change shall take effect as of January 1 of the second year following the filing date; or
(2) a timely petition is filed under section 715 in which case the petition shall act as a supersedeas and the change in boundaries in all impacted municipalities shall only take effect if the referendum under section 715 passes, where the boundary change shall take effect on January 1 of the year following the referendum.
(b) Change by ascertainment.--A change of boundaries by judicial ascertainment shall take effect on the effective date of the decree.
(c) Change by referendum.--In the event of a change of boundary under the provisions of section 8 of Article IX of the Constitution of Pennsylvania by referendum, the change of boundary shall take effect on January 1 of the year following the referendum.
§ 719. Notification of boundary change.
(a) General rule.--Within 15 days after a change in boundaries has taken effect, the governing body of a municipality shall file a final report of the boundary change containing the following information with the County Board of Elections, the Department of Community and Economic Development, the Department of Transportation, the Governor's Office of Policy Development or its successor, the Department of Education and the State Tax Equalization Board:
(1) The name of the impacted municipalities.
(2) A land survey showing the courses and distances of the boundary in the impacted territory.
(3) The location of the monuments along the new boundary line.
(4) The total assessed valuation of the impacted territory.
(5) The approximate population of the impacted territory.
(6) The designation, as provided for in section 715(e)(1) (relating to boundary change agreement by abutting municipalities), by which the impacted territory is to be known.
(7) In the case of a boundary change by judicial ascertainment, the decree shall be attached to the report.
(b) Combined notifications authorized.--All municipalities impacted by a boundary change may jointly provide for a combined final report under subsection (a).
§ 720. Monuments.
The impacted municipalities shall provide for the placement of monuments, no more than 1,500 feet apart, along the newly established boundary line, other than where a natural line can be described, in a manner adequate that the entire territory in question can be depicted and represented for the future. The coordinates of monuments shall be expressed in terms of the State Plane Coordinate System in effect on the date of the change of boundary.
§ 721. Wards.
(a) Increased municipal territory.--If a municipal corporation gaining territory is divided among wards, the governing body shall, within 30 days after the change in boundaries is effective, provide for the distribution of the gained territory among the wards of the municipal corporation or for the creation of one or more wards out of the gained territory.
(b) Decreased municipal territory.--If the municipal corporation decreasing territory is divided among wards, the governing body of the municipal corporation shall, within 30 days after the change in boundaries is effective, provide for the alteration of wards among the remaining territory.
§ 722. Collection of taxes levied prior to change of boundary and authorized expenditures.
(a) Taxes.--All taxes assessed and levied against property in an impacted territory prior to the effective date of the boundary change shall be paid to the municipality which levied the tax, and the collection and enforcement of taxes under this subsection shall be as though the change of boundary had not taken place.
(b) Expenditures.--A municipality initiating a boundary change by ordinance under this subchapter is authorized to make reasonable expenditures for surveys required to describe the property under consideration or for any other necessary purpose.
§ 723. Election districts and officers.
All election districts in the impacted territory shall remain as constituted prior to the boundary change and shall become election districts of the municipality gaining territory on the change in designation in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. All election district officers shall continue in office until the expiration of the officer's term, unless the office is vacated.
§ 724. Governing body agreements.
(a) General rule.--Prior to the effective date of a boundary change, an impacted municipality may execute an agreement fully resolving:
(1) Transfers of any funds and indebtedness related to property within the impacted territory.
(2) The sharing of costs associated with the territorial alteration or clarification.
(3) The sharing or division of any tax or fee revenues associated with property within the impacted territory in the year that a territorial alteration occurs.
(4) A resolution of any matters, rights or other issues incident to the transfer of territory.
(b) Exception.--In the event that an agreement under this section is incorporated in an ordinance, sections 725 (relating to adjustment of indebtedness), 726 (relating to judicial adjustment award proceedings), 727 (relating to compensation, expenses and costs), 728 (relating to territory located in multiple counties) and 729 (relating to bond issues) shall not apply.
§ 725. Adjustment of indebtedness.
(a) Property.--The following shall apply:
(1) Following a boundary change under this subchapter or any other provision of law, the governing bodies of the impacted municipalities shall make an equitable adjustment and apportionment of all the public real and personal property impacted by the change of boundary.
(2) Except as provided under paragraph (3), the property under paragraph (1) shall include funds and indebtedness.
(3) If adjusting property and indebtedness under paragraph (1), streets, sewers and utilities may not be considered except to the extent that current and unpaid indebtedness was incurred for the construction and improvement of the property.
(b) Proportion.--In making the adjustment and apportionment under subsection (a), the following shall apply:
(1) The municipality gaining territory shall be entitled to a division of the property and indebtedness in the same proportion that the assessed valuation of the taxable real estate included within the territorial limits of the newly gained territory bears to the assessed valuation of the taxable real estate in the municipality losing territory immediately prior to the boundary change. The municipality losing territory shall be entitled to the remainder of the property and indebtedness.
(2) If indebtedness was incurred by the municipality losing territory for an improvement located wholly within the territorial limits of the newly transferred territory, the indebtedness shall be assumed by the municipality gaining territory.
(3) If only part of the improvement is located within the newly transferred territory, the part of the indebtedness representing the part of the improvement located within transferred territory shall be assumed by the municipality gaining territory and the adjustment and apportionment of any remaining debt shall be retained by the municipality losing territory.
(c) Form.--The adjustment and apportionment made under this section must meet all of the following:
(1) Be in writing and duly executed and acknowledged by the secretary or clerk of each impacted municipal corporation, or the chief clerk of the county, as the case may be.
(2) Be filed in the office of the clerk of the court of common pleas of the county.
(3) Be filed as a copy with the Department of Community and Economic Development.
(d) Petition for judicial adjustment.--If the governing bodies of the impacted municipalities cannot make an amicable adjustment and apportionment of the property and indebtedness within six months after the effective date of the change in boundaries, the governing body of a municipality may present a petition to the court of common pleas, or the Commonwealth Court under section 728 (relating to territory located in multiple counties), requesting a judicial adjustment.
(e) Appointment.--After receiving a petition under subsection (d), the court shall appoint three disinterested commissioners. If the impacted territory is located in two or more counties, section 728 shall apply. If all of the impacted territory is located in one county, the commissioners shall meet all of the following requirements:
(1) Are residents and taxpayers of the county.
(2) Are not residents of or own real estate in an impacted municipal corporation.
(f) Report.--The individuals appointed under subsection (e) shall hold a hearing and make a report to the court containing an adjustment and apportionment of all the property and the indebtedness between the impacted municipalities. Notice shall be made as provided by the court. The report shall state the amount due to, payable from and the amount of indebtedness that shall be assumed by each impacted municipality.
Cross References. Section 725 is referred to in sections 724, 726, 727, 728 of this title.
§ 726. Judicial adjustment award proceedings.
(a) Notice.--The commissioners appointed under section 725(e) (relating to adjustment of indebtedness) shall give the impacted municipalities at least five days' notice of the filing of the report under section 725(f).
(b) Exceptions.--If exceptions are filed to the report made under section 725(f), the court shall dispose of the exceptions and shall enter its decree confirming or modifying the award.
(c) Confirmation.--Unless exceptions are filed to the report within 30 days after the date of the filing, the report shall be confirmed by the court and the court shall issue an appropriate order effectuating the report.
Cross References. Section 726 is referred to in section 724 of this title.
§ 727. Compensation, expenses and costs.
The commissioners appointed under section 725(e) (relating to adjustment of indebtedness) shall receive compensation and expenses for their services as provided by the court. The costs of the proceedings, including the compensation and expenses of the commissioners, shall be apportioned by the court between the impacted municipalities.
Cross References. Section 727 is referred to in section 724 of this title.
§ 728. Territory located in multiple counties.
If the impacted territory is located in two or more counties, Commonwealth Court shall have exclusive jurisdiction over the proceedings to adjust and apportion the property and indebtedness between the municipalities. Notwithstanding the provisions of section 725(e) (relating to adjustment of indebtedness), the court shall appoint three disinterested commissioners who are residents of this Commonwealth but are not residents of, or owners of real estate in, any impacted county.
Cross References. Section 728 is referred to in sections 724, 725 of this title.
§ 729. Bond issues.
In a proceeding to adjust and apportion indebtedness, a municipality shall have power to issue and deliver interest-bearing bonds in liquidation of the indebtedness ascertained, to be its proportionate share payable, if the bonds are acceptable to the municipality entitled to receive the bonds. The court may make necessary orders for the collection and payment.
Cross References. Section 729 is referred to in section 724 of this title.
SUBCHAPTER C
CONSOLIDATION AND MERGER
Sec.
731. Short title of subchapter.
732. Definitions.
733. Procedure for consolidation or merger.
734. Joint agreement of governing bodies.
735. Initiative of electors seeking consolidation or merger without new home rule charter.
735.1. Initiative of electors seeking consolidation or merger with new home rule charter.
736. Conduct of referenda.
737. Consolidation or merger agreement.
738. Effectuation of consolidation or merger.
739. Effect of transition on employees of consolidated or merged municipality.
740. Procedures.
741. Court review of transitional plan.
Cross References. Subchapter C is referred to in section 712 of this title; sections 241, 805 of Title 8 (Boroughs and Incorporated Towns); section 10201 of Title 11 (Cities).
§ 731. Short title of subchapter.
This subchapter shall be known and may be cited as the Municipal Consolidation or Merger Act.
§ 732. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Commission." A board of members elected under the provisions of section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter) to consider the advisability of the adoption of a new home rule charter for the proposed consolidated or merged municipality and, if advisable, to draft and recommend a new home rule charter to the electorate.
"Consolidated or merged municipality." A municipal entity resulting from successful consolidation or merger proceedings under this subchapter.
"Consolidation." The combination of two or more municipalities which results in the termination of the existence of each of the municipalities to be consolidated and the creation of a new municipality which assumes jurisdiction over all of the municipalities which have been terminated.
"Contiguous territory." A territory of which a portion abuts the boundary of another municipality, including territory separated from the exact boundary of another municipality by a street, road, railroad or highway or by a river or other natural or artificial stream of water.
"Election officials." The county boards of election.
"Electors." The registered voters of a municipality involved in proceedings relating to the adoption and repeal of optional forms of government.
"Governing body." The council in cities, boroughs and incorporated towns; the board of commissioners in counties and townships of the first class; the board of supervisors in townships of the second class; or the legislative policymaking body in home rule municipalities.
"Initiative." The filing with applicable election officials of a petition containing a proposal for a referendum to be placed on the ballot of the next election. The petition shall be:
(1) Filed not later than the 13th Tuesday prior to the next election in which it will appear on the ballot.
(2) Signed by voters comprising 5% of the number of electors voting for the office of Governor in the last gubernatorial general election in the municipality where the proposal will appear on the ballot.
(3) Placed on the ballot by election officials in a manner fairly representing the content of the petition for decision by referendum at the election.
(4) Submitted not more than once in five years.
"Merger." The combination of two or more municipalities which results in the termination of the existence of all but one of the municipalities to be merged with the surviving municipality absorbing and assuming jurisdiction over the municipalities which have been terminated.
"Municipality." Every county other than a county of the first class, every city other than a city of the first or second class, and every borough, incorporated town, township and home rule municipality other than a home rule municipality which would otherwise be a city of the first or second class.
"New home rule charter." A written document that defines the powers, structure, privileges, rights and duties of the proposed consolidated or merged municipality, the limitations thereon and that provides for the composition and election of the governing body chosen by popular elections.
"Referendum." A vote seeking approval by a majority of electors voting on a question of consolidation or merger placed on the ballot by initiative or otherwise.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment. Act 29 amended the def. of "initiative" and added the defs. of "commission," "electors" and "new home rule charter."
§ 733. Procedure for consolidation or merger.
(a) General rule.--Two or more municipalities may be consolidated or merged into a single municipality, whether within the same or different counties, if each of the municipalities is contiguous to at least one of the other consolidating or merging municipalities and if together the municipalities would form a consolidated or merged municipality. Consolidation or merger may be commenced by one of the following:
(1) Joint agreement of the governing bodies of the municipalities proposed for consolidation or merger approved by ordinance followed by approval by the electorate of the joint agreement.
(2) Initiative of electors.
(3) One or more of the municipalities using a joint agreement followed by approval by the electorate of the joint agreement and one or more of the municipalities using initiative of electors.
(b) Combination of joint agreement and initiative.--When consolidation or merger is commenced by a combination of joint agreements and initiatives, the initiative petition and municipal joint agreement shall be materially consistent.
(c) Approval of home rule charter or optional plan.--At the same time that voters approve or disapprove the consolidation or merger of two or more municipalities, voters may approve or disapprove a new home rule charter or an optional plan under Subpart E of Part III (relating to home rule and optional plan government) that will govern the newly formed municipality resulting from the merger or consolidation. The same ballot may contain a question to consolidate or merge two or more municipalities and a question to adopt a home rule charter or an optional plan.
(d) Study of home rule charter or optional plan.--Except as provided in sections 734 (relating to joint agreement of governing bodies) and 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the procedure provided for in subsection (c) shall not be utilized unless the same home rule charter or optional plan has been recommended by a government study commission elected in accordance with Ch. 29 Subch. B (relating to procedure for adoption of home rule charter or optional plan of government) in each of the municipalities to be merged or consolidated. Notwithstanding any limitations on the powers and duties of government study commissions provided in Ch. 29 Subch. B, the commissions may study and recommend a home rule charter or optional plan that would be adopted by the consolidated or merged municipalities concurrently with the study of the issue of consolidation or merger of the municipalities.
(Oct. 27, 2010, P.L.980, No.102, eff. 60 days)
§ 734. Joint agreement of governing bodies.
(a) General rule.--The governing body of each municipality proposed to be consolidated or merged shall enter into a joint agreement under the official seal of each municipality to consolidate or merge into one municipality.
(b) Elements.--The joint agreement shall include, but not be limited to:
(1) The name of each municipality that is a party to the agreement.
(2) The name and the territorial boundaries of the consolidated or merged municipality.
(3) The type and class of the consolidated or merged municipality.
(4) Whether a consolidated or merged municipality shall be governed solely by the code and other general laws applicable to the kind and class of the consolidated or merged municipality; whether it shall be governed by a home rule charter or optional plan of government previously adopted pursuant to Subpart E of Part III (relating to home rule and optional plan government), by one of the municipalities to be consolidated or merged; or whether it shall be governed by a home rule charter or optional plan of government that has not been previously adopted in accordance with Subpart E of Part III by any of the municipalities to be consolidated or merged, but which, in the case of an optional plan of government, has been selected and approved by the governing body of each of the municipalities to be consolidated or merged from among the options provided for in Subpart E of Part III or, in the case of a home rule charter, has been formulated and approved by the governing body of each of the municipalities to be consolidated or merged; provided, however, that nothing in this subchapter shall be construed as authorizing a municipality adopting a home rule charter or optional plan of government pursuant to this subchapter to exercise powers not granted to a municipality adopting a home rule charter or an optional plan of government pursuant to Subpart E of Part III.
(5) The number of districts or wards, if any, into which the consolidated or merged municipality will be divided for the purpose of electing all or some members of its governing body, and the boundaries of wards or districts shall be established to achieve substantially equal representation.
(6) In the case of a merger, where the surviving municipality is a city which had previously adopted an optional charter pursuant to the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, whether the resulting merged municipality will continue to operate under the optional charter.
(7) Terms for:
(i) The disposition of existing assets of each municipality.
(ii) The liquidation of existing indebtedness of each municipality.
(iii) The assumption, assignment or disposition of existing liabilities of each municipality, either jointly, separately or in certain defined proportions, by separate rates of taxation within each of the constituent municipalities until consolidation or merger becomes effective pursuant to section 738 (relating to effectuation of consolidation or merger).
(iv) The implementation of a legally consistent uniform tax system throughout the consolidated or merged municipality which provides the revenue necessary to fund required municipal services.
(8) The governmental organization of the consolidated or merged municipality insofar as it concerns elected officers.
(9) A transitional plan and schedule applicable to elected officers.
(10) The common administration and enforcement of ordinances enforced uniformly within the consolidated or merged municipality.
(c) Transitional planning committee.--In preparing and adopting a joint agreement, the governing bodies of the municipalities may appoint a transitional planning committee composed of residents of the respective municipalities, including not more than one of whom may be a member of the governing body of each municipality, to study and make recommendations to the governing bodies regarding transitional plans and schedules, common administration and uniform enforcement of ordinances, consolidation and merger of departments and staff and other matters of concern to the governing bodies. The transitional planning committee, if created, shall continue for a maximum of six months after the effective date of the consolidation or merger to advise the new governing body of the consolidated or merged municipality on merging budgets, staffing and operations.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days; Oct. 27, 2010, P.L.980, No.102, eff. 60 days)
Cross References. Section 734 is referred to in sections 733, 736, 737, 738, 741 of this title.
§ 735. Initiative of electors seeking consolidation or merger without new home rule charter.
(a) General rule.--In order for consolidation or merger proceedings to be initiated by petition of electors, petitions containing signatures of at least 5% of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality proposed to be consolidated or merged shall be filed with the county board of elections of the county in which the municipality, or the greater portion of its territory, is located.
(b) Notice to governing bodies affected.--When election officials find that a petition is in proper order, they shall send copies of the initiative petition without the signatures thereon to the governing bodies of each of the municipalities and school districts affected by the proposed consolidation or merger.
(c) Contents.--A petition shall set forth:
(1) The name of the municipality from which the signers of the petition were obtained.
(2) The names of the municipalities proposed to be consolidated or merged.
(3) The name of the consolidated or merged municipality.
(4) The type and class of the consolidated or merged municipality.
(5) Whether a consolidated or merged municipality shall be governed solely by the code and other general laws applicable to the kind and class of the consolidated or merged municipality; whether it shall be governed by a home rule charter or optional plan of government previously adopted pursuant to Subpart E of Part III (relating to home rule and optional plan government), by one of the municipalities to be consolidated or merged; or whether it shall be governed by an optional plan of government that has not been previously adopted in accordance with Subpart E of Part III by any of the municipalities to be consolidated or merged, but which has been selected from among the options provided for in Subpart E of Part III and is identified in the petition; provided, however, that nothing in this subchapter shall be construed as authorizing a municipality adopting an optional plan of government pursuant to this subchapter to exercise powers not granted to a municipality adopting an optional plan of government pursuant to Subpart E of Part III.
(6) In the case of a merger, where the surviving municipality is a city which had previously adopted an optional charter pursuant to the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law, whether the resulting merged municipality will continue to operate under the optional charter.
(7) The number of districts or wards, if any, into which the consolidated or merged municipality will be divided for the purpose of electing all or some members of its governing body.
(d) Filing of petition.--The consolidation or merger petition shall be filed with the election officials not later than the 13th Tuesday prior to the next primary, municipal or general election. The petition and proceedings on the petition shall be conducted in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as the provisions are applicable, except that no referendum petition shall be signed or circulated prior to the 20th Tuesday before the election, nor later than the 13th Tuesday before the election.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days; Oct. 27, 2010, P.L.980, No.102, eff. 60 days)
Cross References. Section 735 is referred to in sections 736, 737 of this title.
§ 735.1. Initiative of electors seeking consolidation or merger with new home rule charter.
(a) General rule.--In order for a commission and consolidation or merger proceedings to be initiated by petition of electors, petitions containing signatures of at least 5% of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality proposed to be consolidated or merged shall be filed with the county board of elections of the county in which the municipality, or the greater portion of its territory, is located. The petition shall set forth:
(1) The name of the municipality from which the signers of the petition were obtained.
(2) The names of the municipalities proposed to be consolidated or merged.
(3) An estimated cost of the study commission.
(4) The number of persons to compose the commission.
(5) The petition question which shall read as follows:
Shall a Government Study Commission of (seven, nine or eleven) members be elected to study the issue of consolidation or merger of (municipalities to be consolidated or merged); to provide a recommendation on consolidation or merger; to consider the advisability of the adoption of a new home rule charter; and to draft a new home rule charter, if recommended in the report of the commission?
(6) The following statement:
Only municipalities voting in the affirmative on the question will be held responsible for the costs of the study commission.
(b) Notice to governing bodies affected.--When election officials find that a petition is in proper order, they shall send copies of the initiative petition without the signatures thereon to the governing bodies of each of the municipalities affected by the proposed consolidation or merger.
(c) Contents.--(Deleted by amendment).
(d) Filing of petition and duty of election board.--
(1) A commission and consolidation or merger proceedings petition under this section shall be filed with the election officials not later than the 13th Tuesday prior to the next primary, municipal or general election.
(2) The petition and proceedings on the petition shall be conducted in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as the provisions are applicable, except that no referendum petition shall be signed or circulated prior to the 20th Tuesday before the election, nor later than the 13th Tuesday before the election.
(3) At the next general, municipal or primary election occurring not less than the 13th Tuesday after the filing of the petition with the county board of elections, it shall cause the appropriate question and statement listed under subsection (a)(5) and (6) to be submitted to the electors of each of the municipalities proposed to be consolidated or merged in the same manner as other questions are submitted under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(e) Election of members of commission.--
(1) A commission of seven, nine or eleven members, as designated in the question, shall be elected by the qualified voters at the same election the question is submitted to the electors.
(2) Each candidate for the office of member of the commission shall be nominated and placed upon the ballot containing the question in the manner provided by and subject to the provisions of the Pennsylvania Election Code, which relate to the nomination of a candidate nominated by nomination papers filed for other offices elective by the voters. Each candidate shall be nominated and listed without any political designation or slogan, and no nomination paper shall be signed or circulated prior to the 13th Tuesday before the election nor later than the tenth Tuesday before the election. No signature shall be counted unless it bears a date within this period.
(3) Each elector shall be instructed to vote on the question and, regardless of the manner of his vote on the question, to vote for the designated number of members of the commission who shall serve if the question is or has been determined in the affirmative by the majority of the whole of those voting in all the municipalities impacted by the consolidation or merger.
(4) If an insufficient number of nominating papers is filed to fill all of the designated positions on the commission, the question of establishing the commission shall be placed on the ballot and, unless a sufficient number of commission members are elected by receiving at least as many votes as signatures are required to file a nominating petition, then the question of creating the commission shall be deemed to have been rejected.
(f) Nomination of candidates.--
(1) All candidates for a commission shall be electors. Each candidate shall be nominated from the area of the proposed consolidated or merged municipality by nomination papers signed by a number of electors equal at least to 2% of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality proposed to be consolidated or merged or 200 electors from each municipality, whichever is less, and filed with the county board of elections of the county in which the municipality, or the greater portion of its territory, is located not later than the tenth Tuesday prior to the date of the election.
(2) Each nomination paper shall set forth the name, place of residence and post office address of the candidate thereby nominated, that the nomination is for the office of commissioner and that the signers are legally qualified to vote for the candidate. An elector may not sign nomination papers for more candidates for the commission than he could vote for at the election. Every elector signing a nomination paper shall write his place of residence, post office address and street number, if any, on the petition.
(3) Each nomination paper shall, before it may be filed with the county board of elections, contain under oath of the candidate an acceptance of the nomination in writing, signed by the candidate therein nominated, upon or annexed to the paper or, if the same person be named in more than one paper, upon or annexed to one of the papers. The acceptance shall certify that the candidate is an elector, that the nominee consents to run as a candidate at the election and that, if elected, the candidate agrees to take office and serve.
(4) Each nomination paper shall be verified by an oath of one or more of the signers, taken and subscribed before a person qualified under the laws of this Commonwealth to administer an oath, to the effect that the paper was signed by each of the signers in his proper handwriting, that the signers are, to the best knowledge and belief of the affiant, electors and that the nomination paper is prepared and filed in good faith for the sole purpose of endorsing the person named therein for election as stated in the paper.
(g) Results of election.--
(1) The result of the votes cast for and against the question as to the election of a commission and consolidation and merger proceedings shall be returned by the election officers, and a canvass of the election had, as is provided by law in the case of other public questions put to the electors. The votes cast for members of the commission shall be counted and the result returned by the county board of electors of the county in which the municipality, or the greater portion of its territory, is located, and a canvass of the election had, as is provided by law in the case of election of members of municipal councils or boards. If a majority of the whole in the municipalities proposed to be consolidated or merged vote in the affirmative on the question, the commission shall be formed to study the issue of consolidation or merger and to make recommendations as set forth in the question. The designated number of candidates receiving the greatest number of votes shall be elected and shall constitute the commission. If a majority of the whole in the municipalities voting on the question vote against the election of the commission, none of the candidates shall be elected. If two or more candidates for the last seat shall be equal in number of votes, they shall draw lots to determine which one shall be elected.
(2) If, in accordance with subsection (e)(4), there has been an insufficient number of nominating papers filed to fill all of the designated positions on the commission and a sufficient number of commission members are not elected by receiving at least as many votes as signatures are required to file a nominating petition, the question as to the election of a commission and consolidation and merger proceedings shall be deemed to have been rejected and shall fail, and none of the candidates shall be elected.
(h) Oath of office of members of commission.--
(1) No later than ten days after its certification of election, the members of a commission elected on a countywide basis shall, before a judge of the court of common pleas in the county where the election was held, make oath to support the Constitution of the United States and the Constitution of Pennsylvania and to perform the duties of the office with fidelity.
(2) No later than ten days after its certification of election, the members of a commission elected on other than a countywide basis shall, before a judge or a magisterial district judge, make oath to support the Constitution of the United States and the Constitution of Pennsylvania and to perform the duties of the office with fidelity.
(i) First meeting of commission.--
(1) No later than 15 days after its certification of election, a commission shall organize and hold its first meeting and elect one of its members chairman and another member vice chairman, fix its hours and place of meeting and adopt rules for the conduct of business it deems necessary and advisable.
(2) A majority of the members of the commission shall constitute a quorum for the transaction of business, but no recommendation of the commission shall have any legal effect unless adopted by a majority of the whole number of the members of the commission.
(j) Vacancies.--In case of a vacancy in a commission, the remaining members of the commission shall fill it by appointing thereto some other properly qualified elector.
(k) Function and duty of commission.--
(1) A commission shall study the issue of consolidation or merger of the municipalities.
(2) The commission shall study the advisability of a new home rule charter form of government for the proposed consolidated or merged municipality and compare it with other available forms under the laws of this Commonwealth and determine in its judgment which form of government is more clearly responsible or accountable to the people and its operation more economical and efficient.
(3) If a new home rule charter is found to be the most advisable form of government for the proposed consolidated or merged municipality, the commission shall:
(i) Draft and recommend to the electorate a new home rule charter for the proposed consolidated or merged municipality containing a transitional plan and schedule applicable to elected officers, provided, however, that nothing in this section shall be construed as authorizing a consolidated or merged municipality adopting a new home rule charter pursuant to this section to exercise powers not granted to a municipality adopting a home rule charter pursuant to Subpart E of Part III (relating to home rule and optional plan government).
(ii) If the new home rule charter calls for all or any part of the governing body of the consolidated or merged municipality to be elected on a district or ward basis, prepare and set forth as an appendix to the new home rule charter:
(A) The district or ward boundaries established to achieve substantially equal representation.
(B) The district or ward designation by number.
(C) The number of members of the municipal governing body to be elected from each district or ward.
(iii) Prepare and suggest for adoption by the governing body of the newly consolidated or merged municipality recommendations concerning:
(A) The disposition of assets that may be surplus or unneeded as a result of the consolidation or merger.
(B) The liquidation, assumption or other disposition of existing indebtedness of the consolidated or merged municipalities.
(C) A legally consistent uniform tax system to be implemented throughout the consolidated or merged municipality which provides the revenue necessary to fund required municipal services.
(D) Ordinances to be uniformly enforced throughout the consolidated or merged municipality, which may be adopted by the new governing body of the consolidated or merged municipality at its organizational meeting, provided that codification of all ordinances shall be completed as specified in section 740 (relating to procedures).
(l) Compensation, personnel and commission budget.--
(1) Members of the commission shall serve without compensation but shall be reimbursed by the municipalities proposed to be consolidated or merged for their necessary expenses incurred in the performance of their duties.
(2) The commission may appoint one or more consultants and clerical and other assistants to serve at the pleasure of the commission and may fix reasonable compensation therefor to be paid the consultants and clerical and other assistants.
(3) In accordance with this subsection, the commission shall prepare and submit, to the governing body of each of the municipalities being considered for consolidation or merger, budget estimates of the amount of money necessary to meet the expenditures to be incurred by the commission in the carrying out of its functions in accordance with this section, including, but not limited to, reasonable estimations of the necessary expenses of commission members, compensation of consultants, clerical personnel and other assistants and other expenditures incident to work of the commission.
(4) The commission shall prepare and submit an initial budget submission that estimates expenses for the first nine-month phase of the commission's work. The initial budget estimate shall be submitted as soon as possible and in any event no later than 45 days after the commission's certification of election.
(5) If, during the first nine-month phase of its work, the commission elects to prepare and submit a new home rule charter for the proposed consolidated or merged municipality, a final budget shall be submitted to the governing body of each of the municipalities being considered for consolidation or merger that estimates expenses to be incurred in the completion of the commission's work.
(6) No later than 15 days after the submission of a budget in accordance with paragraphs (4) or (5), a joint public hearing of the commission and the governing bodies of the municipalities shall be held. The governing bodies of the municipalities to be consolidated or merged may, by agreement, modify any budget submitted by the commission. A governing body of a municipality to be consolidated or merged may approve appropriations to the commission in conformity with its share of the modified budget as determined in accordance with paragraph (7) or (7.1). Any unreasonable modification of the budget may be subject to an action as provided in paragraph (8) in the court of common pleas of any county wherein a municipality to be consolidated or merged lies.
(7) If a majority in each of the municipalities to be consolidated or merged vote in favor of establishing a commission, the municipalities may, by agreement, determine the share that each municipality shall appropriate to fund the estimated budget of the commission. If no agreement as to the respective amount that each municipality shall appropriate is reached, each municipality shall appropriate funds equal to its pro rata share of the total estimated budget of the commission based upon its share of population to the total population of the municipalities to be consolidated or merged.
(7.1) When a commission is formed to study consolidation or merger by a vote of the whole in the municipalities considering the question, the municipalities that vote in the affirmative shall be responsible for funding the budget of the commission. Any municipalities that vote in the negative on the question shall not be responsible for the budget costs of the commission.
(8) The commission may bring an action in the court of common pleas of the county where a municipality is located requesting that the court determine whether the municipality has failed to reasonably modify an estimated budget or to appropriate moneys in accordance with this subsection. The court may provide appropriate relief, including, but not limited to, ordering appropriation of funds in accordance with the budget:
(i) as submitted by the commission or as modified by the municipalities; or
(ii) as modified by the court.
(9) In all cases, the costs and fees of any action brought by the commission under this subsection shall be paid by the municipality or municipalities named as defendants.
(10) A municipality shall be entitled to a proportionate reimbursement or offset of its share of the budget by any publicly or privately contributed funds or services made available to the commission.
(m) Hearings and public forums.--A commission shall hold one or more public hearings and sponsor public forums and generally shall provide for the widest possible public information and discussion respecting the purposes and progress of its work.
(n) Report of findings and recommendations.--
(1) A commission shall report its findings and recommendations to the citizens of the proposed consolidated or merged municipalities within nine months from the date of its election, except that it shall be permitted an additional nine months if it elects to prepare and submit a proposed new home rule charter and an additional two months if it chooses to provide for the election of its governing body by districts. It shall publish or cause to be published sufficient copies of its final report for public study and information and shall deliver to the municipal clerk or secretary of each municipality proposed to be consolidated or merged sufficient copies of the report to supply it to any interested citizen upon request. If the commission recommends the adoption of a new home rule charter, the report shall contain the complete plan as recommended.
(2) There shall be attached to each copy of the report of the commission, as a part thereof, a statement sworn to by the members of the commission listing in detail the funds, goods, materials and services, both public and private, used by the commission in the performance of its work and the preparation and filing of the report and identifying specifically the supplier of each item thereon.
(3) A copy of the final report of the commission with its findings and recommendations shall be filed with the Department of Community and Economic Development.
(4) All the records, reports, tapes, minutes of meetings and written discussions of the commission shall, upon its discharge, be turned over to the municipal clerk or secretary of each municipality proposed to be consolidated or merged for permanent safekeeping and made available for public inspection at any time during regular business hours.
(o) Discharge of petition and amended reports.--
(1) A commission shall be discharged upon the filing of its report, but, if the commission's recommendations require further procedure in the form of a referendum on the part of the electors, the commission shall not be discharged until the procedure has been concluded. At any time prior to 60 days before the date of the referendum, the commission may modify or change any recommendation set forth in the final report by publishing an amended report.
(2) Whenever the commission issues an amended report pursuant to paragraph (1), the amended report shall supersede the final report, and the final report shall cease to have any legal effect.
(3) The procedure to be taken under the amended report shall be governed by the provisions of this subpart applicable to the final report of the commission submitted pursuant to subsection (n).
(p) Types of action recommended.--A commission shall report and recommend in accordance with this section:
(1) That a referendum shall be held that submits to the electors the question of consolidating or merging the named municipalities under a new home rule charter as prepared by the commission.
(2) That no referendum shall be held because consolidation or merger of the named municipalities under a new home rule charter is not recommended by the commission.
(3) That the named municipalities consider such other action as the commission recommends and deems advisable consistent with its functions as set forth in this section.
(q) Specificity of recommendations.--
(1) If a commission recommends the adoption of a new home rule charter, it shall specify the number of members to be on the governing body, all offices to be filled by election and whether elections shall be on an at-large, district or combination district and at-large basis.
(2) Notwithstanding any other provisions of this subpart, if an approved new home rule charter adopted pursuant to the provisions of this subpart specifies that the election of the governing body should be on an at-large, district or combination district and at-large basis and the basis recommended differs from the existing basis and therefore requires the elimination of districts or the establishment of revised or new districts, then election of municipal officials shall not take place on the new basis until the municipal election following the next primary election taking place more than 180 days after the election at which the referendum on the question of a consolidation or merger and new home rule charter has been approved by the electorate. The consolidation or merger and new home rule charter shall not go into effect until the first Monday in January following the election of municipal officials on the new basis as provided in section 738 (relating to effectuation of consolidation or merger). New or revised districts shall be established by the commission and included in the proposed charter.
(r) Form of question on consolidation or merger and new home rule charter.--If a commission recommends consolidation or merger and the adoption of a new home rule charter for the municipalities to be consolidated or merged, the question to be submitted to the voters for the adoption of consolidation or merger and a new home rule charter shall be submitted in the following form or such part as shall be applicable:
Shall the municipalities of (insert names of municipalities consolidating or merging) be (insert consolidated or merged) to become (insert name of new municipality, type and class of municipality) under a new home rule charter contained in the report, dated (insert date), of the commission?
(s) Submission of question on consolidation or merger and new home rule charter.--If a commission recommends that the question of adopting consolidation or merger and a new home rule charter authorized by this subpart should be submitted to the electors, the municipal clerk or secretary of each municipality proposed to be consolidated or merged shall, within five days thereafter, certify a copy of the commission's report to the county board of elections of the county in which the municipality, or the greater portion of its territory, is located, which shall cause the question of adoption or rejection to be placed upon the ballot or voting machines at the time as the commission specifies in its report. The commission may cause the question to be submitted to the electors at the next primary, municipal or general election occurring not less than 60 days following the filing of a copy of the commission's report with the county board of elections, at the time the commission's report directs. At the election, the question of adopting consolidation or merger and a new home rule charter recommended by the commission shall be submitted to the electors by the county board of elections in the same manner as other questions are submitted to the electors under the Pennsylvania Election Code. The commission shall frame the question to be placed upon the ballot as provided for in subsection (r) and, if it deems appropriate, an interpretative statement to accompany the question.
(t) Amendment of new home rule charter.--The procedure for amending the new home rule charter of the consolidated or merged municipality created under this subpart shall be through the initiative procedure and referendum or ordinance of the governing body as provided for in Subchapter C of Chapter 29 (relating to amendment of existing charter or optional plan).
(u) General powers and limitation of consolidated or merged municipality under new home rule charter.--Nothing in this section shall be construed as authorizing a consolidated or merged municipality adopting a new home rule charter to exercise powers not granted to a municipality adopting a home rule charter pursuant to Subpart E of Part III.
(v) Definition.--(Deleted by amendment).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days; Oct. 27, 2010, P.L.980, No.102, eff. 60 days; Sept. 24, 2014, P.L.2452, No.131, eff. 60 days)
2014 Amendment. Act 131 amended subsecs. (a), (d)(3), (e)(3), (g)(1) and (l)(6) and (7), added subsec. (l)(7.1) and deleted subsec. (c).
Cross References. Section 735.1 is referred to in sections 732, 733, 736, 738, 739, 740, 741 of this title.
§ 736. Conduct of referenda.
(a) Duty to place on ballot.--Following initiation of proceedings for consolidation or merger by the procedures set forth either in section 734 (relating to joint agreement of governing bodies) or 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter), the question of consolidation or merger as set forth in the joint agreement or initiative petition shall be placed before the electors of each of the municipalities proposed to be consolidated or merged. A referendum shall be held at the first primary, municipal or general election occurring at least 13 weeks after either:
(1) the date of the general agreement entered into under the provisions of section 734; or
(2) the date of filing of the petition filed under the provisions of section 735.
(a.1) Referenda under section 735.1.--Referenda authorized under section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter) shall be placed on the ballot in accordance with section 735.1(d)(3) and (s).
(b) Approval.--Pursuant to sections 734, 735 and 735.1, consolidation or merger shall not be effective unless the referendum question is approved by a majority of the electors voting in each of the municipalities in which the referendum is held. If in any one of the municipalities in which the referendum is held a majority vote in favor of consolidation or merger does not result, the referendum shall fail and consolidation or merger shall not take place. The same question in accordance with sections 734 or 735, or the same question described in the proposal for consolidation or merger with a new home rule charter in accordance with section 735.1, described in the consolidation or merger proposal shall not be voted on again for a period of five years.
(c) Subsequent referenda.--The five-year moratorium on voting the same consolidation or merger question as provided in subsection (b) shall be deemed not to apply to any subsequent referendum question involving a consolidation or merger of any combination of two or more contiguous municipalities if the referendum question differs or is dissimilar in any way from a previous referendum question which was not approved as provided for in subsection (b).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Cross References. Section 736 is referred to in section 741 of this title.
§ 737. Consolidation or merger agreement.
(a) Form.--Upon favorable action by the electorate on consolidation or merger, in cases where consolidation or merger was initiated by petition of electors under section 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter), the governing bodies of the municipalities to be consolidated or merged shall meet as deemed necessary after the certification of the favorable vote and shall within one year after certification enter into a consolidation or merger agreement as follows:
(1) If the governing body, or part of the governing body, of the consolidated or merged municipality is to be elected on a district or ward basis, the agreement shall set forth the district or ward boundaries and the district or ward designation, by number, and the number of members of the municipal governing body to be elected from each district or ward. The boundaries of the districts or wards shall be established to achieve substantially equal representation.
(2) The agreement shall set forth terms for:
(i) The disposition of the existing assets of each municipality.
(ii) The liquidation of the existing indebtedness of each municipality.
(iii) The assumption, assignment and disposition of the existing liabilities of each municipality, either jointly, separately or in certain defined proportions, by separate rates of taxation within each of the constituent municipalities until consolidation or merger becomes effective pursuant to section 738 (relating to effectuation of consolidation or merger).
(3) The agreement shall set forth the governmental organization of the consolidated or merged municipality insofar as it concerns elected officers and shall contain a transitional plan and schedule applicable to elected officers.
(4) The agreement shall provide for common administration and uniform enforcement of ordinances within the consolidated or merged municipality.
(5) The agreement shall also provide, consistent with existing law, for the implementation of a uniform tax system throughout the consolidated or merged municipality which shall provide the revenue necessary to fund required municipal services.
(6) The agreement shall mandate full implementation of the consolidation or merger plan within four years following the date of certification.
(b) Filing.--Within 30 days following certification of electorate approval by the county boards of election, a copy of the consolidation or merger agreement under this section or the joint agreement under section 734 (relating to joint agreement of governing bodies) shall be filed with the Department of Community and Economic Development, the Department of Transportation, the Governor's Office of Policy Development or its successor, the Department of Education, the State Tax Equalization Board and the Legislative Data Processing Committee. A copy shall also be filed with the court of common pleas and the board of county commissioners of the county or counties in which municipalities affected are located.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days; Oct. 27, 2010, P.L.980, No.102, eff. 60 days)
Cross References. Section 737 is referred to in sections 738, 741 of this title.
§ 738. Effectuation of consolidation or merger.
Municipalities consolidated or merged shall continue to be governed as before consolidation or merger until the date stipulated in the transitional plan and schedule provided for in sections 734 (relating to joint agreement of governing bodies) and 737 (relating to consolidation or merger agreement), or the transitional plan provided for by a study commission pursuant to section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter). Subject to the provisions of section 735.1(q), new officials required to be elected shall take office on the first Monday of January following the municipal election designated in the transitional plan and schedule. At that municipal election, the necessary officers of the consolidated or merged municipality shall be elected in accordance with the terms of the general law affecting municipalities of the kind or class of the consolidated or merged municipality or, in case of a consolidated or merged municipality operating under a home rule charter or optional plan of government, in accordance with the charter or optional plan or with general law affecting home rule or optional plan municipalities, as applicable. The officers elected at that municipal election shall be elected for terms of office under the plan and schedule set forth in the consolidation or merger agreement authorized by section 734 or 737, or the transitional plan provided for by a commission pursuant to section 735.1, as the case may be. They shall take office as officers of the consolidated or merged municipality on the first Monday of January following the municipal election at which they were elected, and upon assumption of office, the consolidated or merged municipality shall begin to function and the former municipalities consolidated or merged into it shall be abolished.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Cross References. Section 738 is referred to in sections 734, 735.1, 737 of this title.
§ 739. Effect of transition on employees of consolidated or merged municipality.
(a) Transition.--As of the date when a consolidated or merged municipality shall begin to function, except for those officers and employees which are protected by any tenure of office, civil service provisions or collective bargaining agreement, all appointive offices and positions then existing in all former municipalities involved in the consolidation or merger shall be subject to the terms of the consolidation or merger agreement or transitional plan as provided for in section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter). Provisions shall be made for instances in which there is duplication of positions, including, but not limited to, chief of police or manager, and for other matters such as varying length of employee contracts, different civil service regulations in the constituent municipalities and differing ranks and position classifications for similar positions.
(b) Exception.--Nothing in this section shall be deemed to apply to a consolidated or merged municipality if one or more of the consolidating or merging municipalities has been declared distressed under the act of July 10, 1987 (P.L.246, No.47), known as the Municipalities Financial Recovery Act. In such case, the provisions of section 408 of that act shall control.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment. Act 29 amended subsec. (a).
§ 740. Procedures.
(a) Ordinance book.--After consolidation becomes effective, a new ordinance book shall be used by the municipality, and, except for a municipality consolidated or merged under section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the first document to be recorded in it shall be the consolidation agreement.
(b) Ordinance codification.--No later than two years after consolidation goes into effect, codification of all the ordinances of the municipality shall be completed. The codification shall include tabulation or indexing of those ordinances of the component municipalities that are of permanent effect in the consolidated municipality.
(c) Vesting of rights, privileges, property and obligations.--All rights, privileges and franchises of each component municipality and all property belonging to each component municipality shall be vested in the consolidated or merged municipality. The title to real estate vested in any of those municipalities shall not revert or be in any way impaired by reason of the consolidation or merger. All liens and rights of creditors shall be preserved. Agreements and contracts shall remain in force. Debts, liabilities and duties of each of the municipalities shall be attached to the consolidated or merged municipality and may be enforced against it.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment. Act 29 amended subsec. (a).
Cross References. Section 740 is referred to in section 735.1 of this title.
§ 741. Court review of transitional plan.
(a) General rule.--Except as provided in subsection (b), after the approval of a referendum pursuant to section 736 (relating to conduct of referenda), any person who is a resident of a municipality to be consolidated or merged may petition the court of common pleas to order the appropriate municipal governing bodies to:
(1) implement the terms of a transitional plan and schedule adopted pursuant to section 734 (relating to joint agreement of governing bodies) or 737 (relating to consolidation or merger agreement); or
(2) adopt or amend a transitional plan or schedule if the court finds that the failure to do so will result in the unreasonable perpetuation of the separate forms and classifications of government existing in the affected municipalities prior to the approval of the referendum.
(b) Exception.--After consolidation or merger pursuant to section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), any person who is a resident of the newly consolidated or merged municipality may petition the court of common pleas to order the governing body of that municipality to act to accept or provide alternatives to the recommendations of the commission in accordance with section 735.1(k)(3)(iii).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)