ANNEXATION OF CITY, BOROUGH OR TOWNSHIP TO A CONTIGUOUS CITY
Act of Apr. 28, 1903, P.L. 332, No. 260 Cl. 53
AN ACT
For the annexation of any city, borough, township, or part of a
township, to a contiguous city, and providing for the
indebtedness of the same.
Compiler's Note: Section 10 of Act 588 of 1937 provided that
Act 260 is repealed insofar as it relates to the
annexation of a township of the first class, or part
thereof, to a city or a borough.
Compiler's Note: Section 13 of Act 547 of 1929 provided that
Act 260 is repealed insofar as it relates to the
annexation of cities of the third class.
Compiler's Note: Section 10 of Act 427 of 1923 provided that
Act 260 is repealed insofar as it relates to the
annexation of cities of the third class.
Section 1. Be it enacted, &c., That any city, borough,
township, or part of a township, may become annexed to any
contiguous city in the same county, in the following manner,
namely:
There shall be presented to the court of quarter sessions of
the county a petition, signed by at least five per centum of the
qualified voters, as shown by the registry lists for the last
preceding general election of the city, borough, township, or
part of a township, desiring annexation to a city under this
act; and in case such petition is for the annexation of a part
of a township, there shall be a plan attached showing such
portion, and the petition shall only be signed by qualified
voters as above defined, and residing in such portion. The
petition shall be subscribed by the petitioners within three
months immediately preceding the presentation thereof to the
court, and shall be verified by affidavit of one or more of the
petitioners.
(1 amended Apr. 19, 1905, P.L.216, No.158)
Section 2. The petition shall be filed, and thereupon the
court shall direct notice to be given to the chief executive
officer of the city to which, the annexation is proposed to be
made; and it shall be the duty of the councils of such city,
within three months from the date of said notice, to, by
ordinance, consent to or disapprove the proposed annexation. If
the councils disapprove, then there shall be no further
proceedings under that petition; but if the councils approved,
then the court shall direct such notice to be given the people
of the territory proposed to be annexed as the court shall
consider to be proper and reasonable, and the said notice shall
state a reasonable date thereafter at which the petition will be
considered and all parties heard: Provided, however, That in
case a part of a township is proposed to be annexed, the court
shall direct that the notice above prescribed be given to the
people of the entire township of which a part is proposed to be
annexed.
Upon the date fixed for the hearing, or as soon thereafter as
practicable, the court shall hear the case; and, if the
requirements of this act have been complied with, then shall
order an election to be held in the petitioning city, borough,
or township, referred to in the petition, upon the question of
annexation; and, in the case of a petition for annexation of a
part of a township, the court shall order an election to be held
upon the question of annexation in the entire township of which
a part is proposed to be annexed. If such order be made within
three months and more than thirty days before the date of any
general election, such election shall be held at such general
election; otherwise, it shall be held at such date as the court
shall fix, but in no case within thirty days from the making of
such order.
(2 amended Apr. 24, 1931, P.L.54, No.45)
Section 3. The court shall direct that notice be given by
advertisements or hand-bills, or both, of the time of such
election; and shall also order the county commissioners to
prepare separate ballots for such election, which shall read on
the outside "Annexation" and on the inside "For Annexation" or
"Against Annexation," and said commissioners shall provide for
the placing of such ballots at the polling-places, at the
opening of the polls on the day fixed, and for separate ballot-
boxes to receive the ballots.
Section 4. The election shall be held at the regular
polling-places, and by the regular election officers, or, in
case of their absence, their places shall be filled as provided
by law. In receiving and counting, and in making returns of, the
votes cast, the inspectors, judges and clerks of said election
shall be governed by the laws of this Commonwealth regulating
municipal elections; and the vote shall be counted by the court
as is now provided by general laws governing municipal
elections, and all the penalties of the said election laws, for
the violation thereof, shall apply to the voters, inspectors,
judges and clerks voting at, and in attendance upon, the
elections held under the provisions of this act. The result of
the election shall be certified to the court of quarter sessions
having jurisdiction of the proceedings.
Section 5. If it shall appear by the vote when counted that
a majority has voted for annexation, the court shall enter a
decree accordingly; otherwise the proceedings shall be
dismissed: Provided, however, That in proceedings for the
annexation of part of a township no decree of annexation shall
be entered until the Council of Basic Education, after due
inquiry into the consequent effect upon the school districts
affected, shall approve in writing of the proposed annexation.
In case the proceedings shall be dismissed, no petitions from
that city, borough, township, or part of a township, shall
thereafter be presented unless signed by twenty per centum of
the qualified voters thereof, as shown by the registry lists for
the last preceding general election; and the court shall
exercise its discretion as to allowing such petitions to be
filed: Provided, however, That should the court permit such
petition to be filed, no election shall be ordered to be held
within two years from the date of the former election on such
annexation. If in such case the court allows the petition to be
filed, the proceedings shall be as herein provided for on the
first petition.
(5 amended Aug. 13, 1963, P.L.700, No.374)
Section 6. If a decree be entered for annexation, on the
first Monday of January thereafter the territory so annexed
shall become a part of the city to which it is annexed, and all
the territory within the limits of the city, as thus enlarged by
said annexation, shall be liable for the floating and bonded
indebtedness and the interest thereon of both the annexed
territory and the city to which it is annexed, so that the taxes
shall be uniform throughout the territorial limits of the whole
city.
The territory annexed shall, as soon as practicable, be
arranged into wards of the city to which it is annexed, in
accordance with existing laws.
This act shall apply to all cases in which the territory
annexed has not become a part of the city prior to the first
Monday of January, nineteen hundred and ten.
(6 amended May 10, 1909, P.L.501, No.280)
|