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Definitions - 53 Pa. Cons. Stat. § 732Legal Research Home > Pennsylvania Statutes
§ 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."
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