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Consolidation or merger agreement - 53 Pa. Cons. Stat. § 737

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     § 737.  Consolidation or merger agreement.
        (a)  Form.--Upon favorable action by the electorate on
     consolidation or merger, in cases where consolidation or merger
     was initiated by petition of electors under section 735
     (relating to initiative of electors seeking consolidation or
     merger without new home rule charter), the governing bodies of
     the municipalities to be consolidated or merged shall meet
     within 60 days after the certification of the favorable vote and
     shall within a reasonable time after certification make a
     consolidation or merger agreement as follows:
            (1)  If the governing body, or part of the governing
        body, of the consolidated or merged municipality is to be
        elected on a district or ward basis, the agreement shall set
        forth the district or ward boundaries and the district or
        ward designation, by number, and the number of members of the
        municipal governing body to be elected from each district or
        ward. The boundaries of the districts or wards shall be
        established to achieve substantially equal representation.
            (2)  The agreement shall set forth terms for:
                (i)  The disposition of the existing assets of each
            municipality.
                (ii)  The liquidation of the existing indebtedness of
            each municipality.
                (iii)  The assumption, assignment and disposition of
            the 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).
            (3)  The agreement shall set forth the governmental
        organization of the consolidated or merged municipality
        insofar as it concerns elected officers and shall contain a
        transitional plan and schedule applicable to elected
        officers.
            (4)  The agreement shall provide for common
        administration and uniform enforcement of ordinances within
        the consolidated or merged municipality.
            (5)  The agreement shall also provide, consistent with
        existing law, for the implementation of a uniform tax system
        throughout the consolidated or merged municipality which
        shall provide the revenue necessary to fund required
        municipal services.
        (b)  Filing.--A copy of the consolidation or merger agreement
     under this section or the joint agreement under section 734
     (relating to joint agreement of governing bodies) after approval
     by the electorate shall be filed with the Department of
     Community and Economic Development, the Department of
     Transportation, the Governor's Office of Policy Development or
     its successor, the Department of Education, the State Tax
     Equalization Board and the Legislative Data Processing
     Committee. A copy shall also be filed with the court of common
     pleas and the board of county commissioners of the county or
     counties in which municipalities affected are located.
     (Oct. 23, 2003, P.L.180, No.29, eff. 60 days)

        Transfer of Functions.  Section 301(a)(16) of Act 58 of 1996
     provided that all other powers and duties delegated to the
     Department of Community Affairs not otherwise expressly
     transferred elsewhere by Act 58 and currently performed by the
     Department of Community Affairs under section 737 are
     transferred to the Department of Community and Economic
     Development.
        Cross References.  Section 737 is referred to in sections
     738, 741 of this title.

Last modified: November 27, 2007