PRINTER'S NO. 1550
No. 1321 Session of 2001
INTRODUCED BY T. STEVENSON, MICHLOVIC, RAYMOND, SHANER, YOUNGBLOOD, PRESTON, CALTAGIRONE, BARD, STEIL, HORSEY, R. MILLER, PIPPY, READSHAW, ORIE, ROBINSON, TRICH, STEELMAN, FRANKEL, WALKO AND DIVEN, APRIL 9, 2001
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, APRIL 9, 2001
AN ACT 1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled, 2 as amended, "An act relating to counties of the second class 3 and second class A; amending, revising, consolidating and 4 changing the laws relating thereto," providing for the 5 creation of unincorporated districts in counties of the 6 second class; creating unincorporated district administrative 7 commissions; providing for the creation of the Commonwealth 8 Dissolution Fund; and imposing duties on the Department of 9 Community and Economic Development. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The act of July 28, 1953 (P.L.723, No.230), known 13 as the Second Class County Code, is amended by adding an article 14 to read: 15 ARTICLE XXXI-D 16 UNINCORPORATED DISTRICTS OF COUNTIES OF THE SECOND CLASS ACT 17 Section 3101-D. Short title. 18 This article shall be known and may be cited as the 19 Unincorporated Districts of Counties of the Second Class Act. 20 Section 3102-D. Legislative findings.
1 The General Assembly finds and declares as follows: 2 (1) While the electors of this Commonwealth have long 3 had procedures by which to create new municipalities, the 4 General Assembly has not provided a means whereby electors of 5 municipalities may unilaterally terminate their municipal 6 corporations. 7 (2) Certain of the numerous municipalities located 8 within counties of the second class have significantly 9 diminished populations and have become sufficiently 10 economically distressed that their viability as independent 11 municipalities is doubtful, but such municipalities are not 12 attractive candidates at this time for merger or 13 consolidation with other cities, boroughs or townships. 14 (3) The administrative duties and costs of such 15 municipalities could be lessened substantially if State law 16 permitted them to voluntarily elect through referendum to 17 dissolve themselves. 18 (4) The dissolution of such municipalities and 19 subsequent administration by county government will stabilize 20 them, facilitate their economic revitalization and make them 21 more attractive candidates for merger with other 22 municipalities. 23 (5) The dissolution of the existing form of government 24 for such municipalities and the substitution of an 25 unincorporated district as a new municipal form of government 26 administered by the county is authorized by section 3 of 27 Article IX of the Constitution of Pennsylvania, which 28 provides that the General Assembly may provide optional forms 29 of government which may be adopted or repealed by referendum. 30 (6) It is appropriate for an unincorporated district to 20010H1321B1550 - 2 -
1 transfer administrative functions to the county pursuant to 2 section 5 of Article IX of the Constitution of Pennsylvania, 3 which provides that a municipality may delegate or transfer 4 any function, power or responsibility to another 5 municipality, including a county. 6 (7) In recognition of the severe problems faced by 7 certain municipalities located within counties of the second 8 class, it is appropriate for the General Assembly to 9 authorize the creation of unincorporated districts within 10 counties of the second class, but not within other counties, 11 pursuant to the power granted to the General Assembly by 12 section 20 of Article III of the Constitution of Pennsylvania 13 which authorizes the classification of counties by 14 population. 15 Section 3103-D. Definitions. 16 The following words and phrases when used in this article 17 shall have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 "Chief executive." The chief executive of the county elected 20 pursuant to the home rule charter or any successor or successors 21 to the chief executive. 22 "Commission." An unincorporated district administrative 23 commission created under this article. 24 "County." A county of the second class. 25 "County council." The council of the county elected pursuant 26 to the home rule charter or any successor or successors to the 27 council. 28 "Dissolved municipality." An eligible municipality that has 29 been dissolved pursuant to this act. 30 "Electors." The registered voters of any eligible 20010H1321B1550 - 3 -
1 municipality involved in proceedings relating to the creation of 2 an unincorporated district as an alternative form of local 3 government and the registered voters of any unincorporated 4 district. 5 "Eligible municipality." Any city of the third class, 6 borough, township, incorporated town and home rule municipality 7 other than a home rule municipality that would otherwise be a 8 city of the second class, located in a county of the second 9 class. 10 "Governing body." The council in cities of the third class, 11 boroughs or incorporated towns; the board of commissioners in 12 townships of the first class; the board of supervisors in 13 townships of the second class; the legislative policymaking body 14 in home rule municipalities except for councils in cities of the 15 second class. 16 "Home rule charter." The home rule charter of a county of 17 the second class which is in effect as of the effective date of 18 this article. 19 "Manager." The manager of the county appointed pursuant to 20 the home rule charter, or any successor or successors to the 21 manager. 22 "Unincorporated district." A municipality created to serve 23 the same area as a municipality that has voted to dissolve its 24 prior form of municipal government and to be governed by the 25 provisions of this article. 26 Section 3104-D. Procedure for dissolution of eligible 27 municipalities and creation of unincorporated 28 districts. 29 (a) General rule.--Proceedings by an eligible municipality 30 to dissolve the current form of municipal government and to 20010H1321B1550 - 4 -
1 create an unincorporated district may be commenced by any of the 2 following: 3 (1) Ordinance of the governing body of the eligible 4 municipality. 5 (2) Initiative of the electors by filing petitions with 6 the county board of elections, signed by electors comprising 7 at least 15% of the number of electors voting for the office 8 of Governor in the last gubernatorial general election. 9 (3) The court of common pleas upon the filing with the 10 prothonotary of a petition signed by 67% of the electors, 11 provided that the petition stipulates creation of an 12 unincorporated district without a referendum. 13 (b) Filing of ordinances and petitions with the county board 14 of elections.--An ordinance or petition pursuant to subsection 15 (a) shall be filed with the county board of elections not later 16 than the 13th Tuesday before the next general, municipal, 17 primary or special election. 18 (c) Petition requirements.-- 19 (1) All papers of a petition pursuant to subsection (a) 20 shall be uniform in size and style and shall be assembled as 21 one instrument for filing. Each signature shall be executed 22 in ink and shall be followed by the printed name, place of 23 residence, including house number, street or road, 24 municipality of the signor and date of signing. Every 25 petition throughout its circulation shall state clearly the 26 name of the municipality proposed to be dissolved. Upon 27 tender to the county board of elections, pursuant to 28 subsection (a)(2) or to the court of common pleas, pursuant 29 to subsection (a)(3), the petition shall be available for 30 examination by any interested person. 20010H1321B1550 - 5 -
1 (2) No signature shall be counted as valid if it is 2 dated before the 26th Tuesday before the election or after 3 the 13th Tuesday before the election. 4 (3) The petition and proceedings therein shall be 5 conducted in the manner and subject to the provisions of the 6 election laws that relate to the signing, filing and 7 adjudication of nomination petitions insofar as those 8 provisions are applicable and not inconsistent with the 9 provisions contained herein. 10 (4) Signatures on a petition may be on separate sheets 11 but each sheet shall have appended to it the affidavit of an 12 elector, not necessarily a signor of the petition, that to 13 the best of the affiant's knowledge and belief, those persons 14 whose signatures appear on the sheet are electors, that they 15 signed with full knowledge of the contents of the petition 16 and their residences and dates of signing are correctly 17 given. 18 (5) The board of elections, with approval of the court 19 of common pleas, may adopt procedures and requirements for 20 the electronic petitions, including the use of electronic 21 signatures and the electronic filing of petitions in 22 conformity with the provisions of the act of December 16, 23 1999 (P.L.971, No.69), known as the Electronic Transactions 24 Act. 25 (d) Notice to governing bodies affected.--When the county 26 board of elections or the court of common pleas finds that a 27 petition pursuant to subsection (a) is in proper order, it shall 28 send copies of the petition without the signatures thereon to 29 the governing body of the eligible municipality affected by the 30 proposed dissolution. 20010H1321B1550 - 6 -
1 (e) Public hearing.--No sooner than 30 days following the 2 filing of an ordinance or an initiative petition pursuant to 3 subsection (b), but no later than 45 days prior to any resulting 4 referendum, the governing body of the municipality shall conduct 5 a public hearing on the issue. The governing body shall hold the 6 public hearing at a time and location convenient for the 7 residents of the municipality. 8 (f) Conduct of referendum.-- 9 (1) Following initiation of proceedings for dissolution 10 by the procedures set forth in subsection (a)(1) or (2), a 11 referendum shall be held at the first general, municipal, 12 primary or special election occurring at least 13 weeks after 13 either the date of the ordinance adopted by the governing 14 body pursuant to subsection (a)(1) or the date of filing of 15 the petition pursuant to subsection (a)(2). 16 (2) Whenever authorized by ordinance of the governing 17 body pursuant to subsection (a)(1) or upon petition of the 18 electors to the county board of elections pursuant to 19 subsection (a)(2), an election shall be held upon the 20 following question: 21 Shall the (name of municipality) dissolve and become an 22 unincorporated district of the county? 23 (3) If a majority of the electors voting on the question 24 approve, dissolution of the current form of government shall 25 be effective and an unincorporated district created, as 26 provided by section 3105-D. 27 (4) Upon certification of the election results, the 28 county board of elections shall send notice of the results of 29 the referendum to the governing body of the municipality, 30 chief executive, county council, county manager and the 20010H1321B1550 - 7 -
1 Department of Community and Economic Development. 2 (5) No municipality that has disapproved a referendum 3 pursuant to this section shall vote on another such 4 referendum for a period of five years. 5 Section 3105-D. Effective date of dissolution of an eligible 6 municipality and creation of an unincorporated 7 district. 8 (a) General rule.--The effective date of dissolution of an 9 eligible municipality and creation of an unincorporated district 10 shall be the effective date of approval of the unincorporated 11 district administrative commission's report that closes the 12 business affairs of the dissolved municipality but no later than 13 365 days after either: 14 (1) The county board of elections certifies the election 15 results pursuant to section 3104-D(f). 16 (2) The court of common pleas orders the dissolution and 17 creation of an unincorporated district pursuant to section 18 3104-D(a)(3). Upon its order, the court of common pleas shall 19 send notice of such order to the governing body of the 20 municipality, chief executive, county council, county manager 21 and the Department of Community and Economic Development. 22 (b) Terms of office.--The terms and offices of all elected 23 officials of the dissolved municipality shall cease upon the 24 effective date of dissolution. 25 Section 3106-D. Assumption of power and disposition of 26 property, assets and liabilities. 27 (a) General rule.--Upon the effective date of dissolution, 28 an unincorporated district shall replace the dissolved 29 municipality. The unincorporated district shall constitute a 30 municipality, shall be deemed to constitute a municipality for 20010H1321B1550 - 8 -
1 purposes of all laws of this Commonwealth relating to 2 municipalities and shall be included within the definition of 3 the term "municipality" as used in all laws of this 4 Commonwealth. As provided by this act, the governing body of the 5 unincorporated district shall be the county council. 6 (b) Powers.--The county may exercise any powers and perform 7 any function in the governing and administration of the 8 unincorporated district not denied by the Constitution of 9 Pennsylvania, by statute or by its home rule charter, and all 10 grants of municipal power to the county in the governing and 11 administration of the unincorporated district, whether in the 12 form of specific enumeration or general terms, shall be 13 liberally construed in favor of the county. 14 (c) Property.--Except as otherwise provided by this article, 15 the county shall assume control of all property and assets and 16 shall become responsible for the administration of the 17 liabilities of the dissolved municipality. 18 (d) Financial aid.--Dissolution shall not prevent the 19 unincorporated district from receiving any grant, loan or other 20 financial aid that the dissolved municipality received under any 21 State law. 22 (e) Financially distressed status.--Dissolution and creation 23 of an unincorporated district shall not in and of itself revoke 24 the financially distressed status of any dissolved municipality 25 that has been determined to be financially distressed under the 26 act of July 10, 1987 (P.L.246, No.47), known as the 27 Municipalities Financial Recovery Act. No unincorporated 28 district shall be determined to be financially distressed under 29 the Municipalities Financial Recovery Act, but an unincorporated 30 district may file for municipal debt adjustment pursuant to 11 20010H1321B1550 - 9 -
1 U.S.C. § 101 et seq. (relating to bankruptcy) without being 2 determined to be financially distressed under the Municipalities 3 Financial Recovery Act. 4 Section 3107-D. Unincorporated district administrative 5 commission. 6 (a) General rule.--An unincorporated district administrative 7 commission is hereby created for each unincorporated district. 8 The commission shall oversee the closing of the business affairs 9 of dissolved municipalities and be the administrative agent for 10 all unincorporated districts. 11 (b) Membership.-- 12 (1) The commission shall consist of five members. 13 (2) The membership of the commission shall vary, 14 depending on the unincorporated district in question. Three 15 members shall be standing members for all unincorporated 16 districts. A fourth member shall be the county council member 17 elected by the county council district in which the specific 18 unincorporated district is located. Such member shall have 19 voting power only on those issues pertaining exclusively to 20 the specific unincorporated district of which he or she is 21 the district representative to county council. A fifth 22 member, to be nominated by the county council member elected 23 by the county council district in which the specific 24 unincorporated district is located, shall be an elector of 25 the specific unincorporated district. Such member shall have 26 voting power only on those issues pertaining exclusively to 27 the specific unincorporated district of which he or she is an 28 elector. If the home rule charter is repealed or amended to 29 eliminate the county council, all of the members of the 30 commission shall be appointed by the governing body of the 20010H1321B1550 - 10 -
1 county. 2 (3) All commission members shall be appointed by the 3 chief executive with the consent of at least a majority of 4 the seated members of county council. 5 (4) All commission members shall serve three-year terms. 6 (5) The chief executive shall appoint the commission 7 members within 30 days of either the county board of 8 elections' certification of the election results pursuant to 9 section 3104-D(f), or the court of common pleas' order of the 10 dissolution and creation of an unincorporated district 11 pursuant to section 3104-D(a)(3). County council shall 12 confirm or reject the chief executive's appointments within 13 45 days following the appointment. In the event that county 14 council does not confirm or reject an appointment within 45 15 days of the appointment, the appointment shall be effective 16 as though county council had confirmed it. 17 (6) All commission members shall be registered voters 18 and residents of the county. 19 (c) Director.--The commission shall have the authority to 20 designate and empower a director who shall serve at its pleasure 21 with executive authority over the administrative affairs of the 22 unincorporated district. 23 (d) Costs.--The reasonable and necessary costs incurred by 24 the commission shall be included in the county budget and may be 25 recovered by the county from the unincorporated district budget 26 and be charged against the tax base of the unincorporated 27 district. 28 Section 3108-D. Review and closing of business affairs. 29 (a) General rule.--Upon its appointment, the commission 30 shall review the dissolved municipality's business affairs. 20010H1321B1550 - 11 -
1 (b) Report.--Within 180 days of appointment, the commission 2 shall submit a report to the chief executive, county council and 3 county manager that shall include, but not be limited to, the 4 following information about the unincorporated district: 5 (1) Debts and obligations. 6 (2) Suits, claims and demands against the dissolved 7 municipality. 8 (3) Assets and accounts receivables. 9 (4) Current assessments and taxes levied. 10 (5) Any outstanding taxes and debts due and owing to the 11 dissolved municipality. 12 (6) A plan for the liquidation of the dissolved 13 municipality and reorganization of the unincorporated 14 district, including, but not limited to, terms regarding: 15 (i) The disposition of employees and modifications 16 to or rescission of collective bargaining agreements. 17 (ii) The disposition of all books, papers, records 18 and deeds. 19 (iii) The closing or transfer of all accounts. 20 (iv) Payment of all outstanding debts and 21 obligations. 22 (v) Disposition of contracts entered into by the 23 dissolved municipality. 24 (vi) Recommended changes in municipal ordinances and 25 rules. 26 (vii) The level and mode of delivery of municipal 27 services. 28 (viii) An operating and capital budget for the 29 remainder of the current year, a five-year capital 30 improvement plan and tax and fee rates. 20010H1321B1550 - 12 -
1 (c) Existing creditors and claimants.--To the extent the 2 report does not recommend that the unincorporated district 3 assume responsibility for any existing debts, obligations or 4 contracts binding upon the dissolved municipality, notice shall 5 be given in writing to any person holding a claim against the 6 municipality, including an unmatured or contingent claim, which 7 describes the manner in which matured claims will be satisfied 8 or adequate security will be provided to satisfy unmatured or 9 contingent claims. Provided that the report provides for the 10 satisfaction of matured claims or provides adequate security to 11 satisfy unmatured or contingent claims, the report may also 12 provide for the modification or rescission of existing 13 obligations or contracts of the dissolved municipality. Notice 14 to claimants required by this subsection shall be provided by 15 the commission to claimants at or prior to the time the 16 commission submits its report to the chief executive, county 17 council and county manager and shall be prominently published in 18 a newspaper of general circulation distributed within the 19 county. Claimants shall be required to submit comments or 20 objections to the report to the chief executive within 30 days 21 of the publication of notice of the report. 22 (d) Approval or rejection of report.--Within 30 days of 23 receipt of the report or within 30 days of the deadline for the 24 submission of any comments regarding a report from claimants as 25 provided by subsection (c), whichever occurs later, the chief 26 executive shall approve or reject the report. If the chief 27 executive approves the report, he shall sign it, and it shall 28 become effective immediately. If the chief executive rejects the 29 report, he shall return it to the commission unsigned 30 accompanied by written objections. Within 30 days, the 20010H1321B1550 - 13 -
1 commission may revise and submit an amended report or resubmit 2 the report without amendment, which the chief executive shall 3 finally approve or reject. If the chief executive rejects the 4 amended or resubmitted plan, the county council may approve the 5 commission's plan by an affirmative vote of at least two-thirds 6 of the seated members, whereupon the report shall become 7 effective. If the county council fails to approve the amended or 8 resubmitted plan within 30 days of the chief executive's 9 rejection, the chief executive shall administer the 10 unincorporated district directly until the report becomes 11 effective. Copies of the approved plan shall be sent to the 12 chief executive, county council, the county manager, the 13 commission and the Department of Community and Economic 14 Development. 15 (e) Objections to approval of report.--Any claimant who 16 receives notice regarding a proposed report pursuant to 17 subsection (c) may file objections to the approval of the report 18 by the chief executive to the court of common pleas for the 19 county. The court of common pleas may approve or modify the 20 report and may issue an order delaying the effective date of the 21 report pending the completion of its review of the objections of 22 claimants. 23 (f) Effective date of dissolution.--The dissolution of the 24 municipality and the establishment of the unincorporated 25 district shall become effective upon the effective date of the 26 report, and the commission shall close the business affairs of 27 the dissolved municipality and administer the unincorporated 28 district. If, for whatever reason, the report has not become 29 effective within 365 days of either the county board of 30 elections' certification of the election results pursuant to 20010H1321B1550 - 14 -
1 section 3104-D(f) or the court of common pleas order pursuant to 2 section 3104-D(a)(3), the dissolution of the municipality and 3 establishment of the unincorporated district shall become 4 effective, and the unincorporated district shall be administered 5 directly by the chief executive of the county until such report 6 becomes effective. 7 (g) Collective bargaining agreements.-- 8 (1) Except as provided in paragraph (2), a collective 9 bargaining agreement, contract or arbitration award in effect 10 in a municipality dissolved under this act shall remain in 11 effect and apply to the unincorporated district created 12 pursuant to this act for the same geographical area as the 13 dissolved municipality until the agreement, contract or award 14 expires. After the expiration of the agreement, contract or 15 award, a subsequent agreement, contract or award shall not 16 impair the implementation of the approved report. The 17 commission may, in accordance with existing agreements, 18 contracts and awards and applicable laws, reduce the number 19 of uniformed and nonuniformed employees to avoid overstaffing 20 and duplication of functions provided to the unincorporated 21 district by the county. 22 (2) The provisions of collective bargaining agreements, 23 contracts or arbitration awards signed or adopted after the 24 commencement of proceedings pursuant to section 3104-D(a) may 25 be ratified, modified or rescinded pursuant to the report. 26 Section 3109-D. Debts and obligations. 27 (a) General rule.--The debts and obligations issued on 28 behalf of a municipality that dissolves that are not discharged 29 by the plan of dissolution and reorganization shall not become 30 debts or obligations of the county and shall remain the debts 20010H1321B1550 - 15 -
1 and obligations of the unincorporated district, except that the 2 county shall be administratively responsible to ensure that all 3 such debts and obligations are paid. 4 (b) Payment.--The debts and obligations shall be paid by a 5 charge upon the tax base of the unincorporated district. An 6 unincorporated district shall have the same tax base as the 7 dissolved municipality that the unincorporated district 8 replaces. 9 (c) Revenues.--All revenues collected by the county from the 10 unincorporated district for the retirement of debts and 11 obligations shall be applied only to the debts and obligations 12 of the unincorporated district. 13 (d) Additional taxes.--If insufficient revenue is received 14 by the county on behalf of the unincorporated district to pay 15 the debts and obligations thereof, the county council, acting in 16 its capacity as the governing body of the unincorporated 17 district, may levy and collect additional taxes, fees and 18 service charges on the tax base of the unincorporated district 19 to pay said debts and obligations. 20 Section 3110-D. Operations. 21 The commission, or such director it designates under section 22 3107-D(c), shall have the following powers and duties: 23 (1) Upon the effective date of dissolution and 24 thereafter no later than 90 days before the end of each 25 fiscal year, prepare and propose to the county manager an 26 annual operating and capital budget, a five-year capital 27 improvement plan and tax and fee rates for the unincorporated 28 district. The county manager shall incorporate such proposed 29 budget, tax and fee rates, with such modifications as he or 30 she shall deem appropriate, into the county's comprehensive 20010H1321B1550 - 16 -
1 fiscal plan in accordance with section 2 of Article VII of 2 the home rule charter. If the home rule charter is repealed 3 or amended to eliminate the comprehensive fiscal plan, the 4 proposed budget shall be incorporated into the proposed 5 budget of the county. 6 (2) Administer the day-to-day operations as necessary in 7 the unincorporated district. 8 (3) Procure or provide municipal services, the costs of 9 which shall be paid by charges upon the tax base of the 10 unincorporated district. 11 (4) Continue or discontinue, pursuant to section 3108- 12 D(c), capital projects approved or begun prior to 13 dissolution, the costs of which shall be paid by charges upon 14 the tax base of the unincorporated district. 15 (5) Powers granted to planning commissions under the act 16 of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania 17 Municipalities Planning Code. 18 (6) Within three years of the effective date of 19 dissolution, prepare a strategic plan for the unincorporated 20 district, including, but not limited to, the advisability of 21 merger with or annexation to another municipality. 22 (7) Prepare all reports, if any, required of the 23 dissolved municipality by the Commonwealth. 24 Section 3111-D. Disposition of law and ordinances. 25 Subject to the provisions of the home rule charter, the 26 county council shall be vested with the legislative powers of 27 the governing body of the unincorporated district and shall have 28 the power to amend, repeal or enact local ordinances, laws, 29 rules or regulations governing the unincorporated district. 30 Unless amended by county council, all local ordinances, laws, 20010H1321B1550 - 17 -
1 rules or regulations of the dissolved municipality in effect on 2 the date of dissolution shall remain in effect as if the same 3 had been duly adopted by the county council and shall be 4 enforced by the county within the boundaries of the 5 unincorporated district. 6 Section 3112-D. Revenue, taxation and assessments. 7 (a) General rule.--The county council shall have the power 8 and authority, acting as the governing body of the 9 unincorporated district, to enact and the chief executive shall 10 have the power and authority to enforce local tax, fee and 11 service charge ordinances on the subjects of taxation, fees or 12 service charges of the unincorporated district at any rate or 13 amount as granted by statute to the class of municipality of 14 which the unincorporated district would be a member were it not 15 for its dissolution. 16 (b) Levy.--The county council shall levy and the county 17 shall collect taxes, fees and service charges authorized by 18 subsection (a) on the subjects of taxation, fees or service 19 charges of the unincorporated district necessary to cover the 20 operating and capital costs of the unincorporated district. 21 (c) Other revenues.--If the dissolved municipality collected 22 or received revenue other than through taxes, fees or service 23 charges, the same shall continue to be paid to the county after 24 the dissolution of the municipality, and the county shall apply 25 such revenue to the costs of the unincorporated district. 26 (d) Uncollected taxes.--If, after the effective date of 27 dissolution, there are uncollected taxes, fees and service 28 charges, revenues or unsatisfied liens, debts or obligations 29 owed to the dissolved municipality, the county manager shall 30 ensure that the debts and obligations are paid and satisfied and 20010H1321B1550 - 18 -
1 the same shall be paid to the county. 2 Section 3113-D. Financial assistance. 3 (a) Commonwealth Dissolution Fund.--The Department of 4 Community and Economic Development shall create and the General 5 Assembly may appropriate funding for a grant program to assist 6 municipalities in the process of dissolution and formation of an 7 unincorporated district. The grant program shall be administered 8 through the Department of Community and Economic Development. 9 Grants may be used by municipalities to study the costs and 10 benefits of dissolution and formation of an unincorporated 11 district and by commissions to offset the cost of services in 12 unincorporated districts. 13 (b) Priority.--Unincorporated districts shall receive 14 priority in all economic and community development programs 15 funded by the Commonwealth. Each Commonwealth agency authorized 16 to administer economic and community development programs shall, 17 in consultation with the Department of Community and Economic 18 Development, determine the manner in which to provide a 19 preference or priority to unincorporated districts and shall not 20 be required to afford first priority to unincorporated 21 districts. 22 Section 3114-D. Severability. 23 The provisions of this act are severable. If any provision of 24 this act or its application to any person or circumstance is 25 held invalid, the invalidity shall not affect other provisions 26 or applications of this act which can be given effect without 27 the invalid provision or application. 28 Section 3115-D. Effect of dissolution. 29 The fact that a municipality has been dissolved under this 30 act shall not affect its classification as a municipality for 20010H1321B1550 - 19 -
1 purposes of any other statute.
2 Section 2. All acts and parts of acts are repealed insofar
3 as they are inconsistent with this act.
4 Section 3. This act shall take effect immediately.
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