Joint agreement of governing bodies - 53 Pa. Cons. Stat. § 734

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     § 734.  Joint agreement of governing bodies.
        (a)  General rule.--The governing body of each municipality
     to be consolidated or merged shall enter into a joint agreement
     under the official seal of each municipality to consolidate or
     merge into one municipality.
        (b)  Elements.--The joint agreement shall include, but not be
     limited to:
            (1)  The name of each municipality that is a party to the
        agreement.
            (2)  The name and the territorial boundaries of the
        consolidated or merged municipality.
            (3)  The type and class of the consolidated or merged
        municipality.
            (4)  Whether a consolidated or merged municipality shall
        be governed solely by the code and other general laws
        applicable to the kind and class of the consolidated or
        merged municipality; whether it shall be governed by a home
        rule charter or optional plan of government previously
        adopted pursuant to the act of April 13, 1972 (P.L.184,
        No.62), known as the Home Rule Charter and Optional Plans
        Law, or Subpart E of Part III (relating to home rule and
        optional plan government), by one of the municipalities to be
        consolidated or merged; or whether it shall be governed by a
        home rule charter or optional plan of government that has not
        been previously adopted in accordance with the Home Rule
        Charter and Optional Plans Law or Subpart E of Part III by
        any of the municipalities to be consolidated or merged, but
        which, in the case of an optional plan of government, has
        been selected and approved by the governing body of each of
        the municipalities to be consolidated or merged from among
        the options provided for in Subpart E of Part III or, in the
        case of a home rule charter, has been formulated and approved
        by the governing body of each of the municipalities to be
        consolidated or merged; provided, however, that nothing in
        this subchapter shall be construed as authorizing a
        municipality adopting a home rule charter or optional plan of
        government pursuant to this subchapter to exercise powers not
        granted to a municipality adopting a home rule charter or an
        optional plan of government pursuant to Subpart E of Part
        III.
            (5)  The number of districts or wards, if any, into which
        the consolidated or merged municipality will be divided for
        the purpose of electing all or some members of its governing
        body, and the boundaries of wards or districts shall be
        established to achieve substantially equal representation.
            (6)  In the case of a merger, where the surviving
        municipality is a city which had previously adopted an
        optional charter pursuant to the act of July 15, 1957
        (P.L.901, No.399), known as the Optional Third Class City
        Charter Law, whether the resulting merged municipality will
        continue to operate under the optional charter.
            (7)  Terms for:
                (i)  The disposition of existing assets of each
            municipality.
                (ii)  The liquidation of existing indebtedness of
            each municipality.
                (iii)  The assumption, assignment or disposition of
            existing liabilities of each municipality, either
            jointly, separately or in certain defined proportions, by
            separate rates of taxation within each of the constituent
            municipalities until consolidation or merger becomes
            effective pursuant to section 738 (relating to
            effectuation of consolidation or merger).
                (iv)  The implementation of a legally consistent
            uniform tax system throughout the consolidated or merged
            municipality which provides the revenue necessary to fund
            required municipal services.
            (8)  The governmental organization of the consolidated or
        merged municipality insofar as it concerns elected officers.
            (9)  A transitional plan and schedule applicable to
        elected officers.
            (10)  The common administration and enforcement of
        ordinances enforced uniformly within the consolidated or
        merged municipality.
     (Oct. 23, 2003, P.L.180, No.29, eff. 60 days)

        2003 Amendment.  Act 29 amended subsec. (b)(4).
        Cross References.  Section 734 is referred to in sections
     736, 737, 738, 741 of this title.

Last modified: November 27, 2007