SENATE AMENDED
PRIOR PRINTER'S NOS. 1049, 3310 PRINTER'S NO. 4009
No. 930 Session of 2001
INTRODUCED BY HERMAN, HENNESSEY, CURRY, FREEMAN, HARHAI,
YUDICHAK, BROWNE, CALTAGIRONE, CAPPELLI, DeLUCA, GEIST,
HORSEY, R. MILLER, NICKOL, READSHAW, RUBLEY, SATHER, SAYLOR,
STERN, R. STEVENSON, T. STEVENSON, SURRA, WATSON, WILT,
WOJNAROSKI AND YOUNGBLOOD, MARCH 13, 2001
SENATOR GERLACH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 11, 2002
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, further providing for definitions
3 relating to consolidation or merger, for initiative of
4 electors seeking consolidation or merger without home rule;
5 providing for initiative of electors seeking consolidation or
6 merger with a new home rule charter; further providing for
7 conduct of referenda and for consolidation or merger
8 agreement; and making editorial changes.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "initiative" in section 732 of
12 Title 53 of the Pennsylvania Consolidated Statutes is amended
13 and the section is amended by adding definitions to read:
14 § 732. Definitions.
15 The following words and phrases when used in this subchapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." A board of members elected under the
1 provisions of section 735.1 (relating to initiative of electors
2 seeking consolidation or merger with new home rule charter) to
3 consider the advisability of the adoption of a new home rule
4 charter for the proposed consolidated or merged municipality
5 and, if advisable, to draft and recommend a new home rule
6 charter to the electorate.
7 * * *
8 "Electors." The registered voters of a municipality involved
9 in proceedings relating to the adoption and repeal of optional
10 forms of government.
11 * * *
12 "Initiative." The filing with applicable election officials
13 of a petition containing a proposal for a referendum to be
14 placed on the ballot of the next election. The petition shall
15 be:
16 (1) Filed not later than the 13th Tuesday prior to the
17 next election in which it will appear on the ballot.
18 (2) Signed by voters comprising 5% [of the persons] of
19 the number of electors voting for the office of Governor in
20 the last gubernatorial general election in the municipality
21 where the proposal will appear on the ballot.
22 (3) Placed on the ballot by election officials in a
23 manner fairly representing the content of the petition for
24 decision by referendum at the election.
25 (4) Submitted not more than once in five years.
26 * * *
27 "New home rule charter." A written document that defines the
28 powers, structure, privileges, rights and duties of the proposed
29 consolidated or merged municipality, the limitations thereon and
30 that provides for the composition and election of the governing
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1 body chosen by popular elections.
2 * * *
3 Section 2. Sections 734(b)(4) and 735 of Title 53 are
4 amended to read:
5 § 734. Joint agreement of governing bodies.
6 * * *
7 (b) Elements.--The joint agreement shall include, but not be
8 limited to:
9 * * *
10 (4) Whether a consolidated or merged municipality shall
11 be governed solely by the code and other general laws
12 applicable to the kind and class of the consolidated or
13 merged municipality; whether it shall be governed by a home
14 rule charter or optional plan of government previously
15 adopted pursuant to [the act of April 13, 1972 (P.L.184,
16 No.62), known as the Home Rule Charter and Optional Plans
17 Law,] Subpart E of Part III (relating to home rule and
18 optional plan government), by one of the municipalities to be
19 consolidated or merged; or whether it shall be governed by a
20 home rule charter or optional plan of government that has not
21 been previously adopted in accordance with [the Home Rule
22 Charter and Optional Plans Law] Subpart E of Part III by any
23 of the municipalities to be consolidated or merged, but
24 which, in the case of an optional plan of government, has
25 been selected and approved by the governing body of each of
26 the municipalities to be consolidated or merged from among
27 the options provided for in [the Home Rule Charter and
28 Optional Plans Law] Subpart E of Part III or, in the case of
29 a home rule charter, has been formulated and approved by the
30 governing body of each of the municipalities to be
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1 consolidated or merged; provided, however, that nothing in
2 this subchapter shall be construed as authorizing a
3 municipality adopting a home rule charter or optional plan of
4 government pursuant to this subchapter to exercise powers not
5 granted to a municipality adopting a home rule charter or an
6 optional plan of government pursuant to [the Home Rule
7 Charter and Optional Plans Law] Subpart E of Part III.
8 * * *
9 § 735. Initiative of electors seeking consolidation or merger
10 without new home rule charter.
11 (a) General rule.--In order for consolidation or merger
12 proceedings to be initiated by petition of electors, petitions
13 containing signatures of at least 5% of the number of electors
14 voting for the office of Governor in the last gubernatorial
15 general election in each municipality proposed to be
16 consolidated or merged shall be filed with the county board of
17 elections of the county in which the municipality, or the
18 greater portion of its territory, is located.
19 (b) Notice to governing bodies affected.--When election
20 officials find that a petition is in proper order, they shall
21 send copies of the initiative petition without the signatures
22 thereon to the governing bodies of each of the municipalities
23 affected by the proposed consolidation or merger.
24 (c) Contents.--A petition shall set forth:
25 (1) The name of the municipality from which the signers
26 of the petition were obtained.
27 (2) The names of the municipalities proposed to be
28 consolidated or merged.
29 (3) The name of the consolidated or merged municipality.
30 (4) The type and class of the consolidated or merged
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1 municipality.
2 (5) Whether a consolidated or merged municipality shall
3 be governed solely by the code and other general laws
4 applicable to the kind and class of the consolidated or
5 merged municipality; whether it shall be governed by a home
6 rule charter or optional plan of government previously
7 adopted pursuant to the [act of April 13, 1972 (P.L.184,
8 No.62), known as the Home Rule Charter and Optional Plans
9 Law,] Subpart E of Part III (relating to home rule and
10 optional plan government), by one of the municipalities to be
11 consolidated or merged; or whether it shall be governed by an
12 optional plan of government that has not been previously
13 adopted in accordance with [the Home Rule Charter and
14 Optional Plans Law] Subpart E of Part III by any of the
15 municipalities to be consolidated or merged, but which has
16 been selected from among the options provided for in [the
17 Home Rule Charter and Optional Plans Law] Subpart E of Part
18 III and is identified in the petition; provided, however,
19 that nothing in this subchapter shall be construed as
20 authorizing a municipality adopting an optional plan of
21 government pursuant to this subchapter to exercise powers not
22 granted to a municipality adopting an optional plan of
23 government pursuant to [the Home Rule Charter and Optional
24 Plans Law] Subpart E of Part III.
25 (6) In the case of a merger, where the surviving
26 municipality is a city which had previously adopted an
27 optional charter pursuant to the act of July 15, 1957
28 (P.L.901, No.399), known as the Optional Third Class City
29 Charter Law, whether the resulting merged municipality will
30 continue to operate under the optional charter.
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1 (7) The number of districts or wards, if any, into which
2 the consolidated or merged municipality will be divided for
3 the purpose of electing all or some members of its governing
4 body.
5 (d) Filing of petition.--The consolidation or merger
6 petition shall be filed with the election officials not later
7 than the 13th Tuesday prior to the next primary, municipal or
8 general election. The petition and proceedings on the petition
9 shall be conducted in the manner and subject to the provisions
10 of the election laws which relate to the signing, filing and
11 adjudication of nomination petitions insofar as the provisions
12 are applicable, except that no referendum petition shall be
13 signed or circulated prior to the 20th Tuesday before the
14 election, nor later than the 13th Tuesday before the election.
15 Section 3. Title 53 is amended by adding a section to read:
16 § 735.1. Initiative of electors seeking consolidation or merger
17 with new home rule charter.
18 (a) General rule.--In order for a commission and
19 consolidation or merger proceedings to be initiated by petition
20 of electors, petitions containing signatures of at least 5% of
21 the number of electors voting for the office of Governor in the
22 last gubernatorial general election in each municipality
23 proposed to be consolidated or merged shall be filed with the
24 county board of elections of the county in which the
25 municipality, or the greater portion of its territory, is
26 located.
27 (b) Notice to governing bodies affected.--When election
28 officials find that a petition is in proper order, they shall
29 send copies of the initiative petition without the signatures
30 thereon to the governing bodies of each of the municipalities
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1 affected by the proposed consolidation or merger.
2 (c) Contents.--A petition shall set forth:
3 (1) The name of the municipality from which the signers
4 of the petition were obtained.
5 (2) The names of the municipalities proposed to be
6 consolidated or merged.
7 (3) The name of the consolidated or merged municipality. <--
8 (4) The type and class of the consolidated or merged
9 municipality.
10 (5) (3) The number of persons to compose the commission. <--
11 (4) THE PETITION QUESTION WHICH SHALL READ AS FOLLOWS: <--
12 SHALL A GOVERNMENT STUDY COMMISSION OF (SEVEN, NINE
13 OR ELEVEN) MEMBERS BE ELECTED TO STUDY THE ISSUE OF
14 CONSOLIDATION OR MERGER OF (MUNICIPALITIES TO BE
15 CONSOLIDATED OR MERGED); TO PROVIDE A RECOMMENDATION
16 ON CONSOLIDATION OR MERGER; TO CONSIDER THE
17 ADVISABILITY OF THE ADOPTION OF A NEW HOME RULE
18 CHARTER; AND TO DRAFT A NEW HOME RULE CHARTER, IF
19 RECOMMENDED IN THE REPORT OF THE COMMISSION?
20 (d) Filing of petition AND DUTY OF ELECTION BOARD.-- <--
21 (1) A commission and consolidation or merger proceedings
22 petition under this section shall be filed with the election
23 officials not later than the 13th Tuesday prior to the next
24 primary, municipal or general election.
25 (2) The petition and proceedings on the petition shall
26 be conducted in the manner and subject to the provisions of
27 the election laws which relate to the signing, filing and
28 adjudication of nomination petitions insofar as the
29 provisions are applicable, except that no referendum petition
30 shall be signed or circulated prior to the 20th Tuesday
20010H0930B4009 - 7 -
1 before the election, nor later than the 13th Tuesday before
2 the election.
3 (3) AT THE NEXT GENERAL, MUNICIPAL OR PRIMARY ELECTION <--
4 OCCURRING NOT LESS THAN THE 13TH TUESDAY AFTER THE FILING OF
5 THE PETITION WITH THE COUNTY BOARD OF ELECTIONS, IT SHALL
6 CAUSE THE APPROPRIATE QUESTION TO BE SUBMITTED TO THE
7 ELECTORS OF EACH OF THE MUNICIPALITIES PROPOSED TO BE
8 CONSOLIDATED OR MERGED IN THE SAME MANNER AS OTHER QUESTIONS
9 ARE SUBMITTED UNDER THE ACT OF JUNE 3, 1937 (P.L.1333,
10 NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
11 (e) Election of members of commission.--
12 (1) A commission of seven, nine or eleven members, as
13 designated in the question, shall be elected by the qualified
14 voters at the same election the question is submitted to the
15 electors.
16 (2) Each candidate for the office of member of the
17 commission shall be nominated and placed upon the ballot
18 containing the question in the manner provided by and subject
19 to the provisions of the act of June 3, 1937 (P.L.1333,
20 No.320), known as the Pennsylvania Election Code, which
21 relate to the nomination of a candidate nominated by
22 nomination papers filed for other offices elective by the
23 voters. Each candidate shall be nominated and listed without
24 any political designation or slogan and no nomination paper
25 shall be signed or circulated prior to the 13th Tuesday
26 before the election nor later than the tenth Tuesday before
27 the election. No signature shall be counted unless it bears a
28 date within this period.
29 (3) Each elector shall be instructed to vote on the
30 question and, regardless of the manner of his vote on the
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1 question, to vote for the designated number of members of a <--
2 THE commission who shall serve if the question is or has been <--
3 determined in the affirmative.
4 (4) If an insufficient number of nominating papers is
5 filed to fill all of the designated positions on the
6 commission, the question of establishing a THE commission <--
7 shall be placed on the ballot and, unless a sufficient number
8 of commission members are elected by receiving at least as
9 many votes as signatures are required to file a nominating
10 petition, then the question of creating a THE commission <--
11 shall be deemed to have been rejected.
12 (f) Nomination of candidates.--
13 (1) All candidates for the A commission shall be <--
14 electors. Each candidate shall be nominated from the area of
15 the proposed consolidated or merged municipality by
16 nomination papers signed by a number of electors equal at
17 least to 2% of the number of electors voting for the office
18 of Governor in the last gubernatorial general election in
19 each municipality proposed to be consolidated or merged or
20 200 electors from each municipality, whichever is less, and
21 filed with the county board of elections of the county in
22 which the municipality, or the greater portion of its
23 territory, is located not later than the tenth Tuesday prior
24 to the date of the election.
25 (2) Each nomination paper shall set forth the name,
26 place of residence and post office address of the candidate
27 thereby nominated, that the nomination is for the office of
28 commissioner and that the signers are legally qualified to
29 vote for the candidate. An elector may not sign nomination
30 papers for more candidates for the commission than he could
20010H0930B4009 - 9 -
1 vote for at the election. Every elector signing a nomination
2 paper shall write his place of residence, post office address
3 and street number, if any, on the petition.
4 (3) Each nomination paper shall, before it may be filed
5 with the county board of elections, contain under oath of the
6 candidate an acceptance of the nomination in writing, signed
7 by the candidate therein nominated, upon or annexed to the
8 paper, or, if the same person be named in more than one
9 paper, upon or annexed to one of the papers. The acceptance
10 shall certify that the candidate is an elector, that the
11 nominee consents to run as a candidate at the election and
12 that, if elected, the candidate agrees to take office and
13 serve.
14 (4) Each nomination paper shall be verified by an oath
15 of one or more of the signers, taken and subscribed before a
16 person qualified under the laws of this Commonwealth to
17 administer an oath, to the effect that the paper was signed
18 by each of the signers in his proper handwriting, that the
19 signers are, to the best knowledge and belief of the affiant,
20 electors and that the nomination paper is prepared and filed
21 in good faith for the sole purpose of endorsing the person
22 named therein for election as stated in the paper.
23 (g) Results of election.--The result of the votes cast for <--
24 (G) RESULTS OF ELECTION.-- <--
25 (1) THE RESULT OF THE VOTES CAST FOR and against the
26 question as to the election of a commission and consolidation
27 and merger proceedings shall be returned by the election
28 officers, and a canvass of the election had, as is provided
29 by law in the case of other public questions put to the
30 electors. The votes cast for members of the commission shall
20010H0930B4009 - 10 -
1 be counted and the result returned by the county board of
2 electors of the county in which the municipality, or the
3 greater portion of its territory, is located, and a canvass
4 of the election had, as is provided by law in the case of
5 election of members of municipal councils or boards. The
6 designated number of candidates receiving the greatest number
7 of votes shall be elected and shall constitute the
8 commission. If a majority of those voting on the question
9 vote against the election of a THE commission, none of the <--
10 candidates shall be elected. If two or more candidates for
11 the last seat shall be equal in number of votes, they shall
12 draw lots to determine which one shall be elected.
13 (2) IF, IN ACCORDANCE WITH SUBSECTION (E)(4), THERE HAS <--
14 BEEN AN INSUFFICIENT NUMBER OF NOMINATING PAPERS FILED TO
15 FILL ALL OF THE DESIGNATED POSITIONS ON THE COMMISSION AND A
16 SUFFICIENT NUMBER OF COMMISSION MEMBERS ARE NOT ELECTED BY
17 RECEIVING AT LEAST AS MANY VOTES AS SIGNATURES ARE REQUIRED
18 TO FILE A NOMINATING PETITION, THE QUESTION AS TO THE
19 ELECTION OF A COMMISSION AND CONSOLIDATION AND MERGER
20 PROCEEDINGS SHALL BE DEEMED TO HAVE BEEN REJECTED AND SHALL
21 FAIL AND NONE OF THE CANDIDATES SHALL BE ELECTED.
22 (h) Oath of office of members of commission.--
23 (1) As soon as possible and in any event no later than
24 ten days after its certification of election, the members of
25 a commission elected on a countywide basis shall, before a
26 judge of a court of common pleas, make oath to support the
27 Constitution of the United States and the Constitution of
28 Pennsylvania and to perform the duties of the office with
29 fidelity.
30 (2) As soon as possible and in any event no later than
20010H0930B4009 - 11 -
1 ten days after its certification of election, the members of
2 a commission elected on other than a countywide basis shall,
3 before a district justice, make oath to support the
4 Constitution of the United States and the Constitution of
5 Pennsylvania and to perform the duties of the office with
6 fidelity.
7 (i) First meeting of commission.--
8 (1) As soon as possible and in any event no later than
9 15 days after its certification of election, a commission
10 shall organize and hold its first meeting and elect one of
11 its members chairman and another member vice chairman, fix
12 its hours and place of meeting and adopt rules for the
13 conduct of business it deems necessary and advisable.
14 (2) A majority of the members of the commission shall
15 constitute a quorum for the transaction of business, but no
16 recommendation of the commission shall have any legal effect
17 unless adopted by a majority of the whole number of the
18 members of the commission.
19 (j) Vacancies.--In case of a vacancy in a commission, the
20 remaining members of the commission shall fill it by appointing
21 thereto some other properly qualified elector.
22 (k) Function and duty of commission.--
23 (1) A COMMISSION SHALL STUDY THE ISSUE OF CONSOLIDATION <--
24 OR MERGER OF THE MUNICIPALITIES.
25 (2) THE commission shall study the advisability of a new
26 home rule charter form of government for the proposed
27 consolidated or merged municipality and compare it with other
28 available forms under the laws of this Commonwealth and
29 determine in its judgment which form of government is more
30 clearly responsible or accountable to the people and its
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1 operation more economical and efficient.
2 (2) (3) If a new home rule charter is found to be the <--
3 most advisable form of government for the proposed
4 consolidated or merged municipality, the commission shall <--
5 draft and recommend a new home rule charter for the proposed
6 SHALL: <--
7 (I) DRAFT AND RECOMMEND TO THE ELECTORATE A NEW HOME
8 RULE CHARTER FOR THE PROPOSED consolidated or merged
9 municipality to the electorate. CONTAINING A TRANSITIONAL <--
10 PLAN AND SCHEDULE APPLICABLE TO ELECTED OFFICERS;
11 PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE
12 CONSTRUED AS AUTHORIZING A CONSOLIDATED OR MERGED
13 MUNICIPALITY ADOPTING A NEW HOME RULE CHARTER PURSUANT TO
14 THIS SECTION TO EXERCISE POWERS NOT GRANTED TO A
15 MUNICIPALITY ADOPTING A HOME RULE CHARTER PURSUANT TO
16 PART III, SUBPT. E (RELATING TO HOME RULE AND OPTIONAL
17 PLAN GOVERNMENT).
18 (II) IF THE NEW HOME RULE CHARTER CALLS FOR ALL OR
19 ANY PART OF THE GOVERNING BODY OF THE CONSOLIDATED OR
20 MERGED MUNICIPALITY TO BE ELECTED ON A DISTRICT OR WARD
21 BASIS, PREPARE AND SET FORTH, AS AN APPENDIX TO THE NEW
22 HOME RULE CHARTER:
23 (A) THE DISTRICT OR WARD BOUNDARIES ESTABLISHED
24 TO ACHIEVE SUBSTANTIALLY EQUAL REPRESENTATION.
25 (B) THE DISTRICT OR WARD DESIGNATION BY NUMBER.
26 (C) THE NUMBER OF MEMBERS OF THE MUNICIPAL
27 GOVERNING BODY TO BE ELECTED FROM EACH DISTRICT OR
28 WARD.
29 (III) PREPARE AND SUGGEST FOR ADOPTION BY THE
30 GOVERNING BODY OF THE NEWLY CONSOLIDATED OR MERGED
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1 MUNICIPALITY RECOMMENDATIONS CONCERNING:
2 (A) THE DISPOSITION OF ASSETS THAT MAY BE
3 SURPLUS OR UNNEEDED AS A RESULT OF THE CONSOLIDATION
4 OR MERGER.
5 (B) THE LIQUIDATION, ASSUMPTION OR OTHER
6 DISPOSITION OF EXISTING INDEBTEDNESS OF THE
7 CONSOLIDATED OR MERGED MUNICIPALITIES.
8 (C) A LEGALLY CONSISTENT UNIFORM TAX SYSTEM TO
9 BE IMPLEMENTED THROUGHOUT THE CONSOLIDATED OR MERGED
10 MUNICIPALITY WHICH PROVIDES THE REVENUE NECESSARY TO
11 FUND REQUIRED MUNICIPAL SERVICES.
12 (D) ORDINANCES TO BE UNIFORMLY ENFORCED
13 THROUGHOUT THE CONSOLIDATED OR MERGED MUNICIPALITY,
14 WHICH MAY BE ADOPTED BY THE NEW GOVERNING BODY OF THE
15 CONSOLIDATED OR MERGED MUNICIPALITY AT ITS
16 ORGANIZATIONAL MEETING; PROVIDED, THAT CODIFICATION
17 OF ALL ORDINANCES SHALL BE COMPLETED AS SPECIFIED IN
18 SECTION 740 (RELATING TO PROCEDURES).
19 (l) Compensation and personnel, PERSONNEL AND COMMISSION <--
20 BUDGET.--
21 (1) Members of the government study commission shall <--
22 serve without compensation, but shall be reimbursed by the
23 municipalities proposed to be consolidated or merged for
24 their necessary expenses incurred in the performance of their
25 duties. Each governing body shall appropriate moneys <--
26 necessary for this purpose.
27 (2) Within the limits of the appropriations and other
28 publicly and privately contributed funds and services made
29 available to it, the
30 (2) THE commission may appoint one or more consultants <--
20010H0930B4009 - 14 -
1 and clerical and other assistants to serve at the pleasure of
2 the commission and may fix reasonable compensation therefor
3 to be paid the consultants and clerical and other assistants.
4 (3) IN ACCORDANCE WITH THIS SUBSECTION, THE COMMISSION <--
5 SHALL PREPARE AND SUBMIT TO THE GOVERNING BODY OF EACH OF THE
6 MUNICIPALITIES BEING CONSIDERED FOR CONSOLIDATION OR MERGER,
7 BUDGET ESTIMATES OF THE AMOUNT OF MONEY NECESSARY TO MEET THE
8 EXPENDITURES TO BE INCURRED BY THE COMMISSION IN THE CARRYING
9 OUT OF ITS FUNCTIONS IN ACCORDANCE WITH THIS SECTION,
10 INCLUDING, BUT NOT LIMITED TO, REASONABLE ESTIMATIONS OF THE
11 NECESSARY EXPENSES OF COMMISSION MEMBERS, COMPENSATION OF
12 CONSULTANTS, CLERICAL PERSONNEL AND OTHER ASSISTANTS AND
13 OTHER EXPENDITURES INCIDENT TO WORK OF THE COMMISSION.
14 (4) THE COMMISSION SHALL PREPARE AND SUBMIT AN INITIAL
15 BUDGET SUBMISSION THAT ESTIMATES EXPENSES FOR THE FIRST NINE-
16 MONTH PHASE OF THE COMMISSION'S WORK. THE INITIAL BUDGET
17 ESTIMATE SHALL BE SUBMITTED AS SOON AS POSSIBLE AND IN ANY
18 EVENT NO LATER THAN 45 DAYS AFTER THE COMMISSION'S
19 CERTIFICATION OF ELECTION.
20 (5) IF, DURING THE FIRST NINE-MONTH PHASE OF ITS WORK,
21 THE COMMISSION ELECTS TO PREPARE AND SUBMIT A NEW HOME RULE
22 CHARTER FOR THE PROPOSED CONSOLIDATED OR MERGED MUNICIPALITY,
23 A FINAL BUDGET SHALL BE SUBMITTED TO THE GOVERNING BODY OF
24 EACH OF THE MUNICIPALITIES BEING CONSIDERED FOR CONSOLIDATION
25 OR MERGER THAT ESTIMATES EXPENSES TO BE INCURRED IN THE
26 COMPLETION OF THE COMMISSION'S WORK.
27 (6) NO LATER THAN 15 DAYS AFTER THE SUBMISSION OF A
28 BUDGET IN ACCORDANCE WITH PARAGRAPHS (4) OR (5), A JOINT
29 PUBLIC HEARING OF THE COMMISSION AND THE GOVERNING BODIES OF
30 THE MUNICIPALITIES SHALL BE HELD. THE GOVERNING BODIES OF THE
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1 MUNICIPALITIES TO BE CONSOLIDATED OR MERGED MAY, BY
2 AGREEMENT, MODIFY ANY BUDGET SUBMITTED BY THE COMMISSION. A
3 GOVERNING BODY OF A MUNICIPALITY TO BE CONSOLIDATED OR MERGED
4 MAY APPROVE APPROPRIATIONS TO THE COMMISSION IN CONFORMITY
5 WITH ITS SHARE OF THE MODIFIED BUDGET, AS DETERMINED IN
6 ACCORDANCE WITH PARAGRAPH (7). ANY UNREASONABLE MODIFICATION
7 OF THE BUDGET MAY BE SUBJECT TO AN ACTION AS PROVIDED IN
8 PARAGRAPH (8) IN THE COURT OF COMMON PLEAS OF ANY COUNTY
9 WHEREIN A MUNICIPALITY TO BE CONSOLIDATED OR MERGED LIES.
10 (7) THE MUNICIPALITIES TO BE CONSOLIDATED OR MERGED MAY,
11 BY AGREEMENT, DETERMINE THE SHARE THAT EACH MUNICIPALITY
12 SHALL APPROPRIATE TO FUND THE ESTIMATED BUDGET OF THE
13 COMMISSION. IF NO AGREEMENT AS TO THE RESPECTIVE AMOUNT THAT
14 EACH MUNICIPALITY SHALL APPROPRIATE IS REACHED, EACH
15 MUNICIPALITY SHALL APPROPRIATE FUNDS EQUAL TO ITS PRO RATA
16 SHARE OF THE TOTAL ESTIMATED BUDGET OF THE COMMISSION BASED
17 UPON ITS SHARE OF POPULATION TO THE TOTAL POPULATION OF THE
18 MUNICIPALITIES TO BE CONSOLIDATED OR MERGED.
19 (8) THE COMMISSION MAY BRING AN ACTION IN THE COURT OF
20 COMMON PLEAS OF THE COUNTY WHERE A MUNICIPALITY IS LOCATED
21 REQUESTING THAT THE COURT DETERMINE WHETHER THE MUNICIPALITY
22 HAS FAILED TO REASONABLY MODIFY AN ESTIMATED BUDGET OR TO
23 APPROPRIATE MONEYS IN ACCORDANCE WITH THIS SUBSECTION. THE
24 COURT MAY PROVIDE APPROPRIATE RELIEF, INCLUDING, BUT NOT
25 LIMITED TO, ORDERING APPROPRIATION OF FUNDS IN ACCORDANCE
26 WITH THE BUDGET:
27 (I) AS SUBMITTED BY THE COMMISSION OR AS MODIFIED BY
28 THE MUNICIPALITIES; OR
29 (II) AS MODIFIED BY THE COURT.
30 (9) IN ALL CASES, THE COSTS AND FEES OF ANY ACTION
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1 BROUGHT BY THE COMMISSION UNDER THIS SUBSECTION SHALL BE PAID
2 BY THE MUNICIPALITY OR MUNICIPALITIES NAMED AS DEFENDANTS.
3 (10) A MUNICIPALITY SHALL BE ENTITLED TO A PROPORTIONATE
4 REIMBURSEMENT OR OFFSET OF ITS SHARE OF THE BUDGET BY ANY
5 PUBLICLY OR PRIVATELY CONTRIBUTED FUNDS OR SERVICES MADE
6 AVAILABLE TO THE COMMISSION.
7 (m) Hearings and public forums.--A commission shall hold one
8 or more public hearings and sponsor public forums and generally
9 shall provide for the widest possible public information and
10 discussion respecting the purposes and progress of its work.
11 (n) Report of findings and recommendations.--
12 (1) A commission shall report its findings and
13 recommendations to the citizens of the proposed consolidated
14 or merged municipalities within nine months from the date of
15 its election except that it shall be permitted an additional
16 nine months if it elects to prepare and submit a proposed new
17 home rule charter and an additional two months if it chooses
18 to provide for the election of its governing body by
19 districts. It shall publish or cause to be published
20 sufficient copies of its final report for public study and
21 information and shall deliver to the municipal clerk or
22 secretary of each municipality proposed to be consolidated or
23 merged sufficient copies of the report to supply it to any
24 interested citizen upon request. If the commission recommends
25 the adoption of a new home rule charter, the report shall
26 contain the complete plan as recommended.
27 (2) There shall be attached to each copy of the report
28 of the commission, as a part thereof, a statement sworn to by
29 the members of the commission listing in detail the funds,
30 goods, materials and services, both public and private, used
20010H0930B4009 - 17 -
1 by the commission in the performance of its work and the
2 preparation and filing of the report and identifying
3 specifically the supplier of each item thereon.
4 (3) A copy of the final report of the commission with
5 its findings and recommendations shall be filed with the
6 Department of Community and Economic Development.
7 (4) All the records, reports, tapes, minutes of meetings
8 and written discussions of the commission shall, upon its
9 discharge, be turned over to the municipal clerk or secretary
10 of each municipality proposed to be consolidated or merged
11 for permanent safekeeping and made available for public
12 inspection at any time during regular business hours.
13 (o) Discharge of petition and amended reports.--
14 (1) A commission shall be discharged upon the filing of
15 its report, but, if the commission's recommendations require
16 further procedure in the form of a referendum on the part of
17 the electors, the commission shall not be discharged until
18 the procedure has been concluded. At any time prior to 60
19 days before the date of the referendum, the commission may
20 modify or change any recommendation set forth in the final
21 report by publishing an amended report.
22 (2) Whenever a THE commission issues an amended report <--
23 pursuant to paragraph (1), the amended report shall supersede
24 the final report and the final report shall cease to have any
25 legal effect.
26 (3) The procedure to be taken under the amended report
27 shall be governed by the provisions of this subpart
28 applicable to the final report of a THE commission submitted <--
29 pursuant to subsection (n).
30 (p) Types of action recommended.--A commission shall report
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1 and recommend in accordance with this section:
2 (1) That a referendum shall be held to submit to the <--
3 electors the question of consolidating or merging the
4 specific municipalities and adopting a new home rule charter
5 as prepared by the commission and as authorized by this
6 subpart.
7 (2) That the form of government of the respective
8 municipalities should remain unchanged and that under this
9 section no consolidation or merger should take place.
10 (3) Such other action as it deems advisable consistent
11 with its functions as set forth in this subpart.
12 (1) THAT A REFERENDUM SHALL BE HELD THAT SUBMITS TO THE <--
13 ELECTORS THE QUESTION OF CONSOLIDATING OR MERGING THE NAMED
14 MUNICIPALITIES UNDER A NEW HOME RULE CHARTER AS PREPARED BY
15 THE COMMISSION.
16 (2) THAT NO REFERENDUM SHALL BE HELD BECAUSE
17 CONSOLIDATION OR MERGER OF THE NAMED MUNICIPALITIES UNDER A
18 NEW HOME RULE CHARTER IS NOT RECOMMENDED BY THE COMMISSION.
19 (3) THAT THE NAMED MUNICIPALITIES CONSIDER SUCH OTHER
20 ACTION AS THE COMMISSION RECOMMENDS AND DEEMS ADVISABLE
21 CONSISTENT WITH ITS FUNCTIONS AS SET FORTH IN THIS SECTION.
22 (q) Specificity of recommendations.--
23 (1) If a commission recommends the adoption of a new
24 home rule charter, it shall specify the number to be on the
25 governing body, all offices to be filled by election and
26 whether elections shall be on an at-large, district or
27 combination district and at-large basis.
28 (2) Notwithstanding any other provisions of this
29 subpart, if an approved new home rule charter adopted
30 pursuant to the provisions of this subpart specifies that the
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1 election of the governing body should be on an at-large,
2 district or combination district and at-large basis and the
3 basis recommended differs from the existing basis and
4 therefore required eliminating districts or establishing <--
5 REQUIRES THE ELIMINATION OF DISTRICTS OR THE ESTABLISHMENT OF <--
6 revised or new districts, then election of municipal
7 officials shall not take place on the new basis until the
8 municipal election following the next primary election taking
9 place more than 180 days after the election at which the
10 referendum on the question of a consolidation or merger and
11 new home rule charter has been approved by the electorate.
12 The consolidation or merger and new home rule charter shall
13 not go into effect until the first Monday in January
14 following the election of municipal officials on the new
15 basis as provided in section 738 (relating to effectuation of
16 consolidation or merger). New or revised districts shall be
17 established by the commission and included in the proposed
18 charter.
19 (r) Form of question on consolidation or merger and new home
20 rule charter.--If the commission recommends A COMMISSION <--
21 RECOMMENDS CONSOLIDATION OR MERGER AND the adoption of a new
22 home rule charter FOR THE MUNICIPALITIES TO BE CONSOLIDATED OR <--
23 MERGED, the question to be submitted to the voters for the
24 adoption of consolidation or merger and a new home rule charter
25 shall be submitted in the following form or such part as shall
26 be applicable.
27 Shall the municipalities of (insert names of
28 municipalities consolidating or merging) be (insert
29 consolidated or merged) to become (insert name of new
30 municipality, type and class of municipality) under a new
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1 home rule charter contained in the report, dated (insert
2 date), of the commission?
3 (s) Submission of question on consolidation or merger and
4 new home rule charter.--If a commission recommends that the
5 question of adopting consolidation or merger and a new home rule
6 charter authorized by this subpart should be submitted to the
7 electors, the municipal clerk or secretary of each municipality
8 proposed to be consolidated or merged shall, within five days
9 thereafter, certify a copy of the commission's report to the
10 county board of elections of the county in which the
11 municipality, or the greater portion of its territory, is
12 located, which shall cause the question of adoption or rejection
13 to be placed upon the ballot or voting machines at the time as
14 the commission specifies in its report. The commission may cause
15 the question to be submitted to the electors at the next
16 primary, municipal or general election occurring not less than
17 60 days following the filing of a copy of the commission's
18 report with the county board of elections, at the time the
19 commission's report directs. At the election, the question of
20 adopting consolidation or merger and a new home rule charter
21 recommended by the commission shall be submitted to the electors
22 by the county board of elections in the same manner as other
23 questions are submitted to the electors under the Pennsylvania
24 Election Code. The commission shall frame the question to be
25 placed upon the ballot as provided for in subsection (r) and, if
26 it deems appropriate, an interpretative statement to accompany
27 the question.
28 (t) Amendment of new home rule charter.--The procedure for
29 amending the new home rule charter of the consolidated or merged
30 municipality created under this subpart shall be through the
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1 initiative procedure and referendum or ordinance of the
2 governing body as provided for in Subchapter C of Chapter 29
3 (relating to amendment of existing charter or optional plan).
4 (u) General powers and limitation of consolidated or merged
5 municipality under new home rule charter.--Nothing in this
6 section shall be construed as authorizing a consolidated or
7 merged municipality adopting a new home rule charter to exercise
8 powers not granted to a municipality adopting a home rule
9 charter pursuant to Subpart E of Part III (relating to home rule
10 and optional plan government).
11 Section 4. Sections 736 and 737, 737, 738, 739(A), 740(A) <--
12 AND 741 of Title 53 are amended to read:
13 § 736. Conduct of referenda.
14 (a) Duty to place on ballot.--Following initiation of
15 proceedings for consolidation or merger by the procedures set
16 forth either in section 734 (relating to joint agreement of
17 governing bodies) or 735 (relating to initiative of electors[),]
18 seeking consolidation or merger without new home rule charter)
19 or 735.1 (relating to initiative of electors seeking <--
20 consolidation or merger with new home rule charter) the question
21 of consolidation or merger as set forth in the joint agreement
22 or initiative [petition] petitions shall be placed before the <--
23 electors of each of the municipalities proposed to be
24 consolidated or merged. A referendum shall be held at the first
25 primary, municipal or general election occurring at least 13
26 weeks after either:
27 (1) the date of the general agreement entered into under
28 the provisions of section 734; or
29 (2) the date of filing of the [petition] petitions filed <--
30 under the provisions of [section 735.] sections 735 and <--
20010H0930B4009 - 22 -
1 735.1. This subsection shall not prevent the provisions of
2 section 735.1(q) from being implemented. SECTION 735. <--
3 (A.1) REFERENDA UNDER SECTION 735.1.--REFERENDA AUTHORIZED
4 UNDER SECTION 735.1 (RELATING TO INITIATIVE OF ELECTORS SEEKING
5 CONSOLIDATION OR MERGER WITH NEW HOME RULE CHARTER) SHALL BE
6 PLACED ON THE BALLOT IN ACCORDANCE WITH SECTION 735.1(D)(3) AND
7 (S).
8 (b) Approval.--[Consolidation] Pursuant to sections 734, 735
9 and 735.1 consolidation or merger shall not be effective unless
10 the referendum question is approved by a majority of the
11 electors voting in each of the municipalities in which the
12 referendum is held. If in any one of the municipalities in which
13 the referendum is held a majority vote in favor of consolidation
14 or merger does not result, the referendum shall fail and
15 consolidation or merger shall not take place. The same question
16 IN ACCORDANCE WITH SECTIONS 734 OR 735, OR THE SAME QUESTION <--
17 DESCRIBED IN THE PROPOSAL FOR CONSOLIDATION OR MERGER WITH A NEW
18 HOME RULE CHARTER IN ACCORDANCE WITH SECTION 735.1 described in
19 the consolidation or merger proposal shall not be voted on again
20 for a period of five years.
21 (c) Subsequent referenda.--The five-year moratorium on
22 voting the same consolidation or merger question as provided in
23 subsection (b) shall be deemed not to apply to any subsequent
24 referendum question involving a consolidation or merger of any
25 combination of two or more contiguous municipalities if the
26 referendum question differs or is dissimilar in any way from a
27 previous referendum question which was not approved as provided
28 for in subsection (b).
29 § 737. Consolidation or merger agreement.
30 (a) Form.--Upon favorable action by the electorate on
20010H0930B4009 - 23 -
1 consolidation or merger, in cases where consolidation or merger
2 was initiated by petition of electors under section 735
3 (relating to initiative of electors[)] seeking consolidation or
4 merger without new home rule charter) or section 735.1 (relating <--
5 to initiative of electors seeking consolidation or merger with
6 new home rule charter, the governing bodies of the
7 municipalities to be consolidated or merged shall meet within 60
8 days after the certification of the favorable vote and shall
9 within a reasonable time after certification make a
10 consolidation or merger agreement as follows:
11 (1) [If] Under section 735 if the governing body, or <--
12 part of the governing body, of the consolidated or merged
13 municipality is to be elected on a district or ward basis,
14 the agreement shall set forth the district or ward boundaries
15 and the district or ward designation, by number, and the
16 number of members of the municipal governing body to be
17 elected from each district or ward. The boundaries of the
18 districts or wards shall be established to achieve
19 substantially equal representation.
20 (2) The agreement shall set forth terms for:
21 (i) The disposition of the existing assets of each
22 municipality.
23 (ii) The liquidation of the existing indebtedness of
24 each municipality.
25 (iii) The assumption, assignment and disposition of
26 the existing liabilities of each municipality, either
27 jointly, separately or in certain defined proportions, by
28 separate rates of taxation within each of the constituent
29 municipalities until consolidation or merger becomes
30 effective pursuant to section 738 (relating to
20010H0930B4009 - 24 -
1 effectuation of consolidation or merger).
2 (3) The agreement shall set forth the governmental
3 organization of the consolidated or merged municipality
4 insofar as it concerns elected officers and shall contain a
5 transitional plan and schedule applicable to elected
6 officers.
7 (4) The agreement shall provide for common
8 administration and uniform enforcement of ordinances within
9 the consolidated or merged municipality.
10 (5) The agreement shall also provide, consistent with
11 existing law, for the implementation of a uniform tax system
12 throughout the consolidated or merged municipality which
13 shall provide the revenue necessary to fund required
14 municipal services.
15 (b) Filing.--A copy of the consolidation or merger agreement
16 under this section or the joint agreement under section 734
17 (relating to joint agreement of governing bodies) after approval
18 by the electorate shall be filed with the Department of
19 Community [Affairs] and Economic Development, the Department of
20 Transportation, the Governor's Office of Policy Development or
21 its successor, the Department of Education, the State Tax
22 Equalization Board and the Legislative Data Processing
23 Committee. A copy shall also be filed with the court of common
24 pleas and the board of county commissioners of the county or
25 counties in which municipalities affected are located.
26 § 738. EFFECTUATION OF CONSOLIDATION OR MERGER. <--
27 MUNICIPALITIES CONSOLIDATED OR MERGED SHALL CONTINUE TO BE
28 GOVERNED AS BEFORE CONSOLIDATION OR MERGER UNTIL THE DATE
29 STIPULATED IN THE TRANSITIONAL PLAN AND SCHEDULE PROVIDED FOR IN
30 SECTIONS 734 (RELATING TO JOINT AGREEMENT OF GOVERNING BODIES)
20010H0930B4009 - 25 -
1 AND 737 (RELATING TO CONSOLIDATION OR MERGER AGREEMENT)[. NEW],
2 OR THE TRANSITIONAL PLAN PROVIDED FOR BY A STUDY COMMISSION
3 PURSUANT TO SECTION 735.1 (RELATING TO INITIATIVE OF ELECTORS
4 SEEKING CONSOLIDATION OR MERGER WITH NEW HOME RULE CHARTER).
5 SUBJECT TO THE PROVISIONS OF SECTION 735.1(Q), NEW OFFICIALS
6 REQUIRED TO BE ELECTED SHALL TAKE OFFICE ON THE FIRST MONDAY OF
7 JANUARY FOLLOWING THE MUNICIPAL ELECTION DESIGNATED IN THE
8 TRANSITIONAL PLAN AND SCHEDULE. AT THAT MUNICIPAL ELECTION, THE
9 NECESSARY OFFICERS OF THE CONSOLIDATED OR MERGED MUNICIPALITY
10 SHALL BE ELECTED IN ACCORDANCE WITH THE TERMS OF THE GENERAL LAW
11 AFFECTING MUNICIPALITIES OF THE KIND OR CLASS OF THE
12 CONSOLIDATED OR MERGED MUNICIPALITY OR, IN CASE OF A
13 CONSOLIDATED OR MERGED MUNICIPALITY OPERATING UNDER A HOME RULE
14 CHARTER OR OPTIONAL PLAN OF GOVERNMENT, IN ACCORDANCE WITH THE
15 CHARTER OR OPTIONAL PLAN OR WITH GENERAL LAW AFFECTING HOME RULE
16 OR OPTIONAL PLAN MUNICIPALITIES, AS APPLICABLE. THE OFFICERS
17 ELECTED AT THAT MUNICIPAL ELECTION SHALL BE ELECTED FOR TERMS OF
18 OFFICE UNDER THE PLAN AND SCHEDULE SET FORTH IN THE
19 CONSOLIDATION OR MERGER AGREEMENT AUTHORIZED BY SECTION 734 OR
20 737, OR THE TRANSITIONAL PLAN PROVIDED FOR BY A COMMISSION
21 PURSUANT TO SECTION 735.1, AS THE CASE MAY BE. THEY SHALL TAKE
22 OFFICE AS OFFICERS OF THE CONSOLIDATED OR MERGED MUNICIPALITY ON
23 THE FIRST MONDAY OF JANUARY FOLLOWING THE MUNICIPAL ELECTION AT
24 WHICH THEY WERE ELECTED, AND UPON ASSUMPTION OF OFFICE, THE
25 CONSOLIDATED OR MERGED MUNICIPALITY SHALL BEGIN TO FUNCTION AND
26 THE FORMER MUNICIPALITIES CONSOLIDATED OR MERGED INTO IT SHALL
27 BE ABOLISHED.
28 § 739. EFFECT OF TRANSITION ON EMPLOYEES OF CONSOLIDATED OR
29 MERGED MUNICIPALITY.
30 (A) TRANSITION.--AS OF THE DATE WHEN A CONSOLIDATED OR
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1 MERGED MUNICIPALITY SHALL BEGIN TO FUNCTION, EXCEPT FOR THOSE
2 OFFICERS AND EMPLOYEES WHICH ARE PROTECTED BY ANY TENURE OF
3 OFFICE, CIVIL SERVICE PROVISIONS OR COLLECTIVE BARGAINING
4 AGREEMENT, ALL APPOINTIVE OFFICES AND POSITIONS THEN EXISTING IN
5 ALL FORMER MUNICIPALITIES INVOLVED IN THE CONSOLIDATION OR
6 MERGER SHALL BE SUBJECT TO THE TERMS OF THE CONSOLIDATION OR
7 MERGER AGREEMENT OR TRANSITIONAL PLAN AS PROVIDED FOR IN SECTION
8 735.1 (RELATING TO INITIATIVE OF ELECTORS SEEKING CONSOLIDATION
9 OR MERGER WITH NEW HOME RULE CHARTER). PROVISIONS SHALL BE MADE
10 FOR INSTANCES IN WHICH THERE IS DUPLICATION OF POSITIONS,
11 INCLUDING, BUT NOT LIMITED TO, CHIEF OF POLICE OR MANAGER, AND
12 FOR OTHER MATTERS SUCH AS VARYING LENGTH OF EMPLOYEE CONTRACTS,
13 DIFFERENT CIVIL SERVICE REGULATIONS IN THE CONSTITUENT
14 MUNICIPALITIES AND DIFFERING RANKS AND POSITION CLASSIFICATIONS
15 FOR SIMILAR POSITIONS.
16 * * *
17 § 740. PROCEDURES.
18 (A) ORDINANCE BOOK.--AFTER CONSOLIDATION BECOMES EFFECTIVE,
19 A NEW ORDINANCE BOOK SHALL BE USED BY THE MUNICIPALITY, AND,
20 EXCEPT FOR A MUNICIPALITY CONSOLIDATED OR MERGED UNDER SECTION
21 735.1 (RELATING TO INITIATIVE OF ELECTORS SEEKING CONSOLIDATION
22 OR MERGER WITH NEW HOME RULE CHARTER), THE FIRST DOCUMENT TO BE
23 RECORDED IN IT SHALL BE THE CONSOLIDATION AGREEMENT.
24 * * *
25 § 741. COURT REVIEW OF TRANSITIONAL PLAN.
26 [AFTER] (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION
27 (B), AFTER THE APPROVAL OF A REFERENDUM PURSUANT TO SECTION 736
28 (RELATING TO CONDUCT OF REFERENDA), ANY PERSON WHO IS A RESIDENT
29 OF A MUNICIPALITY TO BE CONSOLIDATED OR MERGED MAY PETITION THE
30 COURT OF COMMON PLEAS TO ORDER THE APPROPRIATE MUNICIPAL
20010H0930B4009 - 27 -
1 GOVERNING BODIES TO:
2 (1) IMPLEMENT THE TERMS OF A TRANSITIONAL PLAN AND
3 SCHEDULE ADOPTED PURSUANT TO SECTION 734 (RELATING TO JOINT
4 AGREEMENT OF GOVERNING BODIES) OR 737 (RELATING TO
5 CONSOLIDATION OR MERGER AGREEMENT); OR
6 (2) ADOPT OR AMEND A TRANSITIONAL PLAN OR SCHEDULE IF
7 THE COURT FINDS THAT THE FAILURE TO DO SO WILL RESULT IN THE
8 UNREASONABLE PERPETUATION OF THE SEPARATE FORMS AND
9 CLASSIFICATIONS OF GOVERNMENT EXISTING IN THE AFFECTED
10 MUNICIPALITIES PRIOR TO THE APPROVAL OF THE REFERENDUM.
11 (B) EXCEPTION.--AFTER CONSOLIDATION OR MERGER PURSUANT TO
12 SECTION 735.1 (RELATING TO INITIATIVE OF ELECTORS SEEKING
13 CONSOLIDATION OR MERGER WITH NEW HOME RULE CHARTER), ANY PERSON
14 WHO IS A RESIDENT OF THE NEWLY CONSOLIDATED OR MERGED
15 MUNICIPALITY MAY PETITION THE COURT OF COMMON PLEAS TO ORDER THE
16 GOVERNING BODY OF THAT MUNICIPALITY TO ACT TO ACCEPT OR PROVIDE
17 ALTERNATIVES TO THE RECOMMENDATIONS OF THE COMMISSION IN
18 ACCORDANCE WITH SECTION 735.1(K)(3)(III).
19 Section 5. This act shall take effect in 60 days.
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