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Effectuation of consolidation or merger - 53 Pa. Cons. Stat. § 738Legal Research Home > Pennsylvania Statutes
§ 738. Effectuation of consolidation or merger.
Municipalities consolidated or merged shall continue to be
governed as before consolidation or merger until the date
stipulated in the transitional plan and schedule provided for in
sections 734 (relating to joint agreement of governing bodies)
and 737 (relating to consolidation or merger agreement), or the
transitional plan provided for by a study commission pursuant to
section 735.1 (relating to initiative of electors seeking
consolidation or merger with new home rule charter). Subject to
the provisions of section 735.1(q), new officials required to be
elected shall take office on the first Monday of January
following the municipal election designated in the transitional
plan and schedule. At that municipal election, the necessary
officers of the consolidated or merged municipality shall be
elected in accordance with the terms of the general law
affecting municipalities of the kind or class of the
consolidated or merged municipality or, in case of a
consolidated or merged municipality operating under a home rule
charter or optional plan of government, in accordance with the
charter or optional plan or with general law affecting home rule
or optional plan municipalities, as applicable. The officers
elected at that municipal election shall be elected for terms of
office under the plan and schedule set forth in the
consolidation or merger agreement authorized by section 734 or
737, or the transitional plan provided for by a commission
pursuant to section 735.1, as the case may be. They shall take
office as officers of the consolidated or merged municipality on
the first Monday of January following the municipal election at
which they were elected, and upon assumption of office, the
consolidated or merged municipality shall begin to function and
the former municipalities consolidated or merged into it shall
be abolished.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Cross References. Section 738 is referred to in sections
734, 735.1, 737 of this title.
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Last modified: November 27, 2007 |