53 Pa. Stat. § 11701.447

Current through P.A. Acts 2024-18
Section 11701.447 - Merger and consolidation; incorporation of municipal corporation
(a)Merger and consolidation.--
(1) For the limited purpose of merging or consolidating with one or more surrounding municipalities under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger), the residents of the district may file a petition with the county board of elections as provided in 53 Pa.C.S. §§ 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter) and 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter).
(2) Residents of the district may be nominated to, and serve on, a commission formed to study merger or consolidation of the district with one or more municipalities.
(3) Upon favorable action by the electorate on consolidation or merger, the administrator, in consultation with the district advisory committee, may enter into a merger or consolidation agreement with the governing bodies of other municipalities in accordance with 53 Pa.C.S. § 737 (relating to consolidation or merger agreement) and shall provide for the transition of the district into a consolidated or merged municipality with the same powers and duties as provided by law to governing bodies of municipalities.
(4) The administrator may expend district funds to the extent authorized by law for the purpose of merger, consolidation or incorporation as provided in subsection (b).
(b)Incorporation as municipality.--If the secretary determines that the district could be incorporated as a viable municipality, the residents of the district may establish or incorporate the territory of the district as a municipality as provided by law.
(c)Grants permitted.--The department may issue any loan or grant authorized under Chapter 3 to a merged, consolidated or subsequently incorporated municipality, including the territory of the district, to provide transitional assistance.
(d)Assets in trust.--All assets conveyed to the Commonwealth to be held in trust, not otherwise transferred under the essential services plan or sold to repay the debt of the former municipality, shall be conveyed to a merged, consolidated or subsequently incorporated municipality, including the territory of the district.
(e)Assumption of debt.--All debt obligations held in trust by the Commonwealth on behalf of the former municipality for service by a district shall be assumed by a merged, consolidated or subsequently incorporated municipality, including the territory of the district.

53 P.S. § 11701.447

1987, July 10, P.L. 246, No. 47, § 447, added 2014, Oct. 31, P.L. 2983, No. 199, § 24, effective in 60 days [Dec. 30, 2014].