§ 818. Decrease in number of members of council.
(a) Petition by electors.--The court of common pleas may, upon petition of at least 5% of the registered electors of any borough not divided into wards, which, according to the latest official census, had a population of not more than 3,000, reduce the total number of members of council for the borough from seven to five or to three. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court.
(b) Notice.--The court shall give notice of the filing of the petition by advertisement in the legal newspaper of the county, if one is published in the county, and in one newspaper of general circulation and fix a day and time for hearing. After the hearing, the court may decrease the number of members of council elected in the borough from seven to five or to three, as requested in the petition.
(c) Number to be elected.--
(1) At the municipal election following the decrease in the number of members of council from seven to five:
(i) If four members of council would otherwise have been elected, three members shall be elected.
(ii) If three members of council would otherwise have been elected, two members shall be elected.
(2) At the second municipal election following the decrease in the number of members of council:
(i) If four members of council would otherwise have been elected, three members shall be elected.
(ii) If three members of council would otherwise have been elected, two members shall be elected.
(3) At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.
(d) Election.--
(1) At the municipal election following the decrease in the number of members of council from seven to three:
(i) If four members of council would otherwise have been elected, two members shall be elected.
(ii) If three members of council would otherwise have been elected, one member shall be elected.
(2) At the second municipal election following the decrease in the number of members of council in the borough:
(i) If four members of council would otherwise have been elected, two members shall be elected.
(ii) If three members of council would otherwise have been elected, one member shall be elected.
(3) At all the following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.
(e) Terms.--In any borough in which, under this section, the number of members of council shall be reduced, the members of council then in office shall remain in office until the end of their respective terms. If a borough attains a population in excess of 3,000 according to the latest official census, the number of members of council shall automatically be increased from three or five to seven, following the reverse of the procedure set forth in subsection (c) or (d).
Cross References. Section 818 is referred to in section 806 of this title.
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