PRINTER'S NO. 1359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1211
Session of
2025
INTRODUCED BY KINKEAD, MADDEN, GIRAL, HILL-EVANS, SANCHEZ, KHAN,
DEASY AND K.HARRIS, APRIL 15, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 15, 2025
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled
"An act relating to counties of the second class and second
class A; amending, revising, consolidating and changing the
laws relating thereto," providing for the voluntary
dissolution of the existing form of governance of a municipal
corporation located in a county of the second class and the
creation of unincorporated districts of counties of the
second class; authorizing the county to assume responsibility
for the governance of the municipal corporation and delivery
of public services to the citizens residing in the municipal
corporation through the administration of an unincorporated
district; authorizing unincorporated district advisory
committees; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 28, 1953 (P.L.723, No.230), known
as the Second Class County Code, is amended by adding an article
to read:
ARTICLE XXXI-D
CREATION OF UNINCORPORATED DISTRICTS FOR THE
GOVERNANCE OF DISSOLVED MUNICIPAL CORPORATIONS
WITHIN COUNTIES OF THE SECOND CLASS
Section 3101-D. Scope of article.
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23 This article relates to unincorporated districts of counties
of the second class.
Section 3102-D. Legislative findings.
The General Assembly finds and declares as follows:
(1) While the electors of this Commonwealth have long
had procedures by which to create new municipalities, the
General Assembly may also provide a means whereby electors of
municipalities may unilaterally terminate their municipal
corporations.
(2) The electors residing in a municipal corporation
located in a county of the second class should have the right
to voluntarily dissolve their existing form of government and
transfer all powers, duties and responsibilities for the
governance of the municipal corporation to an unincorporated
district administered by a county of the second class if the
electors believe that the county would be able to provide for
more efficient and effective municipal services.
(3) Article IX of the Constitution of Pennsylvania
authorizes the governing body of a municipality to cooperate,
transfer or delegate any function, power or responsibility by
mutual agreement to another municipality, district or newly
created governmental unit.
(4) The dissolution of the existing form of government
for a municipal corporation and the substitution of an
unincorporated district as a new form of government
administered by the county is authorized by Article IX of the
Constitution of Pennsylvania, which provides broad authority
to the General Assembly to provide for local government.
(5) It is appropriate for an unincorporated district to
transfer administrative functions to the county under section
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30 5 of Article IX of the Constitution of Pennsylvania, which
provides that a municipality may delegate or transfer any
function, power or responsibility to another municipality,
including a county.
(6) In recognition of the problems faced by certain
municipal corporations located within counties of the second
class and the shared benefits available to other
municipalities, it is appropriate for the General Assembly to
authorize the creation of unincorporated districts within
counties of the second class.
Section 3103-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative code." The ordinance of the county providing
for the administration and operation of the county's government
consistent with the county's home rule charter or a successor
law or ordinance.
"County." A county of the second class in which a municipal
corporation is entirely located.
"County council." The elected legislative body of a county
elected in accordance with the home rule charter or a successor
or successors to the legislative duties and responsibilities of
the elected legislative body.
"County executive." The county executive of a county elected
in accordance with the home rule charter or a successor or
successors to the executive duties and responsibilities of the
county executive.
"County manager." An appointed chief administrative officer
of a county responsible to the county executive for the
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30 administration of the day-to-day operations and administration
of county government or a successor or successors to the
operational and administrative duties and responsibilities of
the chief administrative officer.
"Dissolution." Replacement of the existing form of
governance of a municipal corporation with an unincorporated
district administered by a county.
"Dissolved municipality." A municipal corporation whose
electors have voted to voluntarily dissolve the municipal
corporation's existing form of governance and to have the county
assume all powers, duties and responsibilities for governance of
the municipal corporation and delivery of public services
through the administration of an unincorporated district.
"District advisory committee." A body appointed to advise a
county manager concerning matters related to the governance of a
dissolved municipality that has become an unincorporated
district of the county.
"Electors." The registered voters of a municipal corporation
seeking to voluntarily dissolve the existing form of governance
of a municipal corporation in which the electors reside and to
have the county assume all powers, duties and responsibilities
for governance of the municipal corporation and delivery of
public services through the administration of an unincorporated
district or the registered voters in an unincorporated district
of the county seeking to reestablish the dissolved municipality
as a separate municipal corporation.
"Governing body." Any of the following:
(1) The council in a city, borough or incorporated town.
(2) The board of commissioners in a township of the
first class.
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30 (3) The board of supervisors in a township of the second
class.
(4) The elected legislative body in a home rule
municipality.
"Home rule charter." The home rule charter of a home rule
municipality, including the home rule charter of a county.
"Municipal corporation." A city, borough, incorporated town,
township or home rule municipality with a population of 10,000
or less and located entirely in a county.
"Official action." A vote taken by the governing body at a
public meeting.
"Unincorporated district." The name of the geographical
territory encompassing a dissolved municipality.
Section 3104-D. Initiation of municipal corporation
dissolution.
(a) Findings.--If the governing body of a municipal
corporation finds that the residents of the municipal
corporation would be better served by the administration of
municipal services by the county, the governing body may seek to
provide for the dissolution of the municipal corporation under
this article.
(b) Resolution of preliminary interest.--
(1) The governing body of a municipal corporation shall
indicate its interest in exploring dissolution of the
municipal corporation by adopting a nonbinding resolution of
preliminary interest. In the resolution, the governing body
of the municipal corporation shall expressly authorize its
elected and appointed officials and officers to enter into
formal discussions with the county concerning the preparation
of an essential services transition plan as part of an
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30 intergovernmental cooperation agreement under the provisions
of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation) under which the existing form of governance of
the municipal corporation would be voluntarily dissolved
following an affirmative vote by the electors of the
municipal corporation at a referendum and all powers, duties
and responsibilities for the governance of the municipal
corporation and delivery of public services to the citizens
residing in the municipal corporation eventually would be
transferred to and exercised by the county through the
administration of an unincorporated district.
(2) The governing body of a municipal corporation shall
transmit a certified copy of the governing body's adopted
resolution of preliminary interest to the county manager.
(3) Within 10 business days of receipt of the certified
copy of the municipal corporation's resolution of preliminary
interest, the county manager or the manager's authorized
representative or delegate shall contact the authorized
officer or representative of the municipal corporation to
begin formal discussions on the development of an essential
services transition plan as part of an intergovernmental
cooperation agreement under the provisions of 53 Pa.C.S. Ch.
23 (relating to general provisions) under which the existing
form of governance of the municipal corporation would be
dissolved and all powers, duties and responsibilities for the
governance of the municipal corporation and for delivery of
public services to the citizens residing in the municipal
corporation would be transferred to and exercised by the
county through an unincorporated district.
Section 3105-D. Development of essential services transition
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30 plan and time period for development of plan.
(a) Proposed plan and intergovernmental cooperation
agreement.--The authorized representatives of the municipal
corporation and the county shall confer and prepare a written
proposed essential services transition plan as part of an
intergovernmental cooperation agreement under the provisions of
53 Pa.C.S. Ch. 23 (relating to general provisions) under which
the existing form of governance of the municipal corporation
would be dissolved and all powers, duties and responsibilities
for the governance of the municipal corporation and delivery of
public services to the citizens residing in the municipal
corporation would be transferred to and exercised by the county
through an unincorporated district.
(b) Time period to complete proposed plan and
intergovernmental cooperation agreement.--The proposed
intergovernmental cooperation agreement with the proposed
essential services transition plan shall be completed by the
authorized representatives of the county and the municipal
corporation within 180 days of the date agreed upon as the
commencement date of discussions concerning the development of
the essential services transition plan as part of the
intergovernmental cooperation agreement.
(c) Intergovernmental cooperation.--During the 180-day
period of the development of the essential services transition
plan as part of the intergovernmental cooperation agreement
between the county and the municipal corporation, the county and
the municipal corporation shall exchange information and provide
records and other necessary documents as may be reasonably
requested to assist in the preparation of the agreement.
(d) Extension.--
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30 (1) If a final proposed essential services transition
plan as part of the intergovernmental cooperation agreement
is not completed by the end of the 180-day period under
subsection (b), the time period for the development of the
essential services transition plan may be extended by mutual
agreement of the county and the municipal corporation for an
additional 90 days.
(2) If the county and the municipal corporation cannot
reach an agreement on a final proposed essential services
transition plan by the end of the additional 90-day period,
then all discussions concerning possible dissolution of the
municipal corporation and replacement of its governance by an
unincorporated district administered by the county shall be
concluded.
(e) Costs and expenses.--The county and the municipal
corporation shall bear their own costs and expenses incurred
during the development of the essential services transition
plan.
Section 3106-D. Essential services transition plan.
(a) Content.--In addition to the requirements contained in
53 Pa.C.S. § 2307 (relating to content of ordinance or
resolution), the intergovernmental cooperation agreement created
under section 3105-D shall include a written proposed essential
services transition plan. The plan shall provide for, but not be
limited to, the following matters:
(1) Establishment of the name of the district. A
district established by this article shall be named "The
Unincorporated District of of County."
(2) Disposition and handling of debts and obligations of
the municipal corporation.
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30 (3) Disposition and handling of suits, claims and
demands against the municipal corporation.
(4) The closing or transfer of all accounts of the
municipal corporation.
(5) The status, number and role of employees of the
municipal corporation and modifications to or rescission of
collective bargaining agreements applicable to the employees
in accordance with applicable laws.
(6) The disposition of each ongoing contract to which
the municipal corporation is a party. The proposed essential
services transition plan may provide for the disposition of
each contract by making the county a successor to the
contract with the assent of other parties to the contract or
the termination or modification of the contract according to
the contract's terms.
(7) Disposition of all real and personal property and
other assets of the municipal corporation by sale, lease or
conveyance. The proceeds of a disposition shall be used for
the exclusive benefit of the residents of the municipal
corporation and may be applied for the following purposes:
(i) Payment of outstanding debt obligations to the
municipal corporation.
(ii) Provision of municipal services to the electors
of the municipal corporation.
(8) A consolidation of ordinances of the municipal
corporation related to the health, safety or general welfare
of the residents of the district and land use that the county
and the municipal corporation determine will remain in effect
within the district following the dissolution of the
municipal corporation.
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30 (9) (i) The rates of taxes and fees that shall apply in
the unincorporated district beginning on the date of the
dissolution of the municipal corporation.
(ii) This paragraph shall apply to any tax that the
municipal corporation may levy by its municipal code or
the act of December 31, 1965 (P.L.1257, No.511), known as
The Local Tax Enabling Act.
(10) Local emergency management in accordance with the
plan and program of the Pennsylvania Emergency Management
Agency. The plan shall provide for the district in a
substantially similar manner as plans required for a
political subdivision under 35 Pa.C.S. Ch. 75 Subch. A
(relating to general provisions). The proposed essential
services transition plan shall include a procedure for a
declaration of a disaster emergency to be made in the
district and the designation of a local coordinator of
emergency management.
(11) The disposition and storage of all books, records,
deeds, papers and other important documents.
(12) The status, funding, payment and future
administration of pensions and pension plans administered by
the municipal corporation or on behalf of the municipal
corporation by a third party.
(13) The level and mode of delivery of municipal
services.
(14) A proposed operating and capital budget that may
include a capital improvement plan and tax and fee rates.
(15) Outstanding delinquent taxes and debts and
assignment of the delinquent taxes and debts for collection.
(16) The formation of the district advisory committee
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30 which shall be consistent with section 3112-D and the powers
and duties provided under this article. The plan shall
provide for the methods of appointment, removal and
designation of a chair and terms of the members of the
committee.
(17) Any other matter or item determined by the county
and the municipal corporation to be germane to the future
governance of the municipal corporation by an unincorporated
district administered by the county.
(b) Public notice.--
(1) Notwithstanding the provisions of 53 Pa.C.S. Ch. 23
(relating to general provisions), not less than 45 days
before executing the proposed essential services transition
plan as a part of an intergovernmental cooperation agreement
under subsection (a), the municipal corporation shall publish
in at least one newspaper of general circulation a
notification of the hearing under subsection (c) and a brief
summary prepared by the solicitor of the municipal
corporation of the proposed intergovernmental cooperation
agreement stating all the provisions of the proposed
essential services transition plan between the county and the
municipal corporation in reasonable detail and a reference to
the office or other place where copies of the proposed
intergovernmental cooperation agreement may be examined.
(2) The proposed intergovernmental cooperation agreement
shall also be published on the publicly accessible Internet
website of the county and the municipal corporation, where
the publicly accessible Internet website has been previously
established.
(c) Public hearing.--
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30 (1) At least 15 days after the publication of the notice
under subsection (b), the governing body of the municipal
corporation shall hold a public hearing, located in the
municipal corporation, to present a summary of the proposed
agreement and accept public comment on the proposed essential
services transition plan.
(2) Two members of county council, one of whom shall be
the member who represents the municipal corporation on the
county council, the county executive of the county or the
county executive's designee and other representatives of the
county who the county executive deems necessary shall attend
the public hearing to provide information on the proposed
intergovernmental cooperation agreement and to receive public
comments.
(d) Revisions following public hearing.--A revision made to
the proposed essential services transition plan as a part of an
intergovernmental cooperation agreement after the public hearing
shall be made available for public examination and published on
the publicly accessible Internet website as provided under
subsection (b) at least 15 days prior to final approval and the
execution of the agreement by the governing body of the
municipal corporation.
(e) Final approval of essential services transition plan.--
(1) (i) The governing body of the municipal corporation
shall take official action on an ordinance to adopt the
final proposed intergovernmental cooperation agreement
under the provisions of 53 Pa.C.S. Ch. 23 at a regularly
scheduled meeting or at a special meeting called to
consider the final proposed agreement.
(ii) If the governing body of the municipal
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30 corporation approves the ordinance to adopt the final
proposed intergovernmental cooperation agreement, the
ordinance of the municipal corporation shall become
effective only as provided in section 3107-D(b)(4). The
municipal corporation, through its authorized
representative or delegate, shall execute the final
proposed intergovernmental cooperation agreement and
transmit the signed agreement and certified copies of its
official action approving the final proposed agreement to
county council, the county executive and the county
manager.
(iii) If the governing body of the municipal
corporation disapproves the ordinance to adopt the final
proposed intergovernmental cooperation agreement, the
municipal corporation shall transmit official notice of
the disapproval of the final proposed agreement to the
county council, the county executive and the county
manager.
(iv) Upon receipt of notice of disapproval of the
final proposed agreement, the possible dissolution of the
municipal corporation and replacement of its governance
by an unincorporated district administered by the county
shall be deemed to be concluded.
(2) (i) Upon receipt of a certified copy of the
municipal corporation's official action approving the
final proposed agreement, the county council shall take
official action to approve the final proposed
intergovernmental cooperation agreement by enacting a
county ordinance that becomes effective as provided under
section 3111-D at a regularly scheduled meeting or at a
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agreement.
(ii) If the county council takes official action to
approve the final proposed agreement, the county council
shall submit the proposed county ordinance approving the
final proposed intergovernmental cooperation agreement to
the county executive for approval in accordance with the
county's administrative code.
(iii) If the county executive signs the county
ordinance or the county council overrides a veto of the
ordinance, the county manager shall execute the final
intergovernmental cooperation agreement on behalf of the
county and transmit the signed intergovernmental
cooperation agreement and a certified copy of the county
council's official action approving the county ordinance
authorizing the final proposed agreement to the municipal
corporation.
(iv) If the county council votes to disapprove the
county ordinance authorizing the final proposed agreement
or the county council fails to override the county
executive's veto of the county ordinance authorizing the
final proposed agreement, the county council, through its
authorized representative or delegate, shall transmit
official notice of the disapproval of the final proposed
agreement to the municipal corporation, the county
executive and the county manager.
(v) Upon receipt of the notice of disapproval of the
final proposed agreement, the possible dissolution of the
municipal corporation and replacement of its governance
by an unincorporated district administered by the county
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Section 3107-D. Referendum.
(a) Filing.--
(1) Within 30 days of receipt of the fully signed
intergovernmental cooperation agreement from the county under
section 3106-D(e)(2), the governing body of the municipal
corporation shall file a notice with the county board of
elections requesting submission of the question of the
dissolution of the municipal corporation to the voters of the
municipal corporation by referendum.
(2) The governing body of the municipal corporation
shall include a certified copy of the signed
intergovernmental cooperation agreement with the notice of
intent for holding the referendum.
(3) The governing body of the municipal corporation
shall provide copies of the notice of intent filed with the
county board of elections to the county council, the county
executive and the county manager.
(b) Conduct of referendum.--
(1) Upon receiving the notice in subsection (a), the
county board of elections shall schedule a referendum to be
held at the next available election occurring at least 13
weeks after the municipal corporation's receipt of the signed
intergovernmental cooperation agreement from the county under
section 3106-D(e)(2).
(2) The question of the referendum shall be:
Shall (name of municipal corporation) dissolve its
existing form of governance and become an
unincorporated district administered by the county
under the essential services transition plan adopted
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30 (date of intergovernmental cooperation agreement)?
(3) Upon certification of the election results, the
county board of elections shall send notice of the results of
the referendum to the governing body of the municipal
corporation, the county council, the county executive, the
county manager and the Department of Community and Economic
Development.
(4) If a majority of the electors voting on the question
approve, dissolution of the municipal corporation shall occur
according to the provisions of section 3108-D.
(5) No municipal corporation that has disapproved a
referendum under this section shall initiate the processes
for municipal dissolution under this article for a period of
five years.
Section 3108-D. Effect of dissolution.
(a) Winding-down of affairs of the municipal corporation.--
Following certification by the county board of elections that
the referendum has been approved, the governing body of the
municipal corporation, with the assistance of the county, shall
proceed with the orderly winding-down of the municipal
corporation in accordance with the essential services transition
plan.
(b) Effective date of dissolution.--The effective date of
the dissolution of the municipal corporation shall be 180 days
following the certification by the county board of elections
that the referendum has been approved. Upon the effective date
of dissolution, all of the following shall occur:
(1) The terms of office of all elected and appointed
officers of the municipal corporation shall end.
(2) The essential services transition plan adopted by
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30 the intergovernmental cooperation agreement shall take effect
as a county ordinance under section 3111-D.
(3) The area formerly contained within the municipal
corporation shall become an unincorporated district of the
county. The district shall have the name designated in the
intergovernmental cooperation agreement.
(4) The members of the district advisory committee shall
be appointed according to the provisions of the essential
services transition plan ordinance within 30 days.
Section 3109-D. Unincorporated district of county.
(a) Designation.--The area formerly contained within a
municipal corporation shall, after dissolution under this
article, become an unincorporated district of the county in
which the area is located. The unincorporated district shall be
a limited purpose unit of local government established to be
administered by and receive services from the county.
(b) Authorized administrative authority.--
(1) All legislative, administrative and quasi-judicial
powers of the unincorporated district shall be vested in the
county.
(2) The county manager, through the administrative
structure that is deemed to be appropriate and necessary,
shall manage the day-to-day operations of the unincorporated
district.
(3) The county manager shall prepare an annual operating
and capital budget and proposed tax, fee and service charge
rates for the unincorporated district for the county
council's approval.
(4) The county council may enact ordinances to provide
for the exercise of the powers assigned to the county under
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30 this article and the delivery of public services to the
citizens residing in the unincorporated district as the
county council deems necessary.
(c) Corporate powers.--The county may exercise the following
powers in the governance and administration of the
unincorporated district:
(1) Any power which would have been conferred upon the
municipal corporation prior to its dissolution by the laws of
this Commonwealth relating to the municipal corporation,
including, but not limited to, the municipal code applicable
to the dissolved municipality or the home rule charter of the
municipal corporation.
(2) Any power conferred by statute upon all
municipalities in this Commonwealth or all municipalities of
the class that the municipal corporation had been prior to
dissolution.
(3) Any power of the county not denied by this article,
the county's home rule charter, as the case may be, or the
Constitution of Pennsylvania.
(d) District real and personal property.--
(1) All assets not sold by the municipal corporation
during the course of the winding-down of the municipal
corporation's affairs and the date of dissolution as provided
for under section 3108-D shall become the property of the
unincorporated district. Proceeds resulting from the
disposition of any property shall be applied for the
exclusive benefit of the residents of the district.
(2) The county shall provide as it deems necessary and
prudent for the repair and maintenance of all real property
and roadways for the benefit of the residents and property
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30 owners of the unincorporated district.
(3) Nothing in this subsection shall be construed to
require the express approval of the General Assembly to
dispose of or use any lands acquired with funds under the act
of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
Project 70 Land Acquisition and Borrowing Act, for purposes
other than those provided by that act, except that the
Commonwealth may succeed in title of the property for the
limited purposes established by this subsection.
(e) Former municipal debt.--
(1) All debt incurred by the municipal corporation
before the establishment of the unincorporated district shall
be the debt of the district. The county shall provide for the
service of the debt from revenues collected within the
district.
(2) Nothing in this subsection shall be construed to
require the county to guarantee debt incurred by a dissolved
municipality or unincorporated district with revenues from
the county's general fund or other source of revenue not
derived from taxes collected or fees assessed for the
administration of this article or gains from the sale of
assets of the dissolved municipality.
(f) District debt.--
(1) The county may incur debt designating the
unincorporated district as the promisor provided that the
debt is limited to the exclusive benefit of the residents of
the district. For the purposes of 53 Pa.C.S. Pt. VII Subpt. B
(relating to indebtedness and borrowing), the district shall
constitute a local government unit.
(2) Taxes levied by the county in the district may be a
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(3) Debt incurred under this subsection shall be
evaluated against the borrowing base of the district but not
the county.
(g) Eligibility for State grants and programs.--The county
may apply for and be eligible to receive any financial grant,
loan or payment on behalf of the district, and the district may
participate in any program for which it was eligible when it was
a municipal corporation, including, but not limited to,
emergency grants and loans from the Commonwealth, payments
distributed under the act of June 1, 1956 (1955 P.L.1944,
No.655), referred to as the Liquid Fuels Tax Municipal
Allocation Law, all programs administered by the Pennsylvania
Infrastructure Investment Authority and all economic and
community development programs funded by the Commonwealth.
(h) Relationship with existing municipal and other
authorities preserved.--
(1) Authorities established to provide services to the
residents and property owners of a municipal corporation
prior to dissolution shall continue to serve the residents
and property owners of a district, and members of the
authority appointed by the governing body of the municipal
corporation prior to dissolution shall continue to serve out
the remainder of the members' respective terms.
(2) Notwithstanding the provisions of 53 Pa.C.S. § 5607
(relating to purposes and powers) or any other provision of
law, subsequent appointments to the authority board which
would otherwise be made by the governing body of the
municipal corporation shall be made by the county executive
in consultation with the district advisory committee subject
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(i) Pennsylvania Construction Code.--The act of November 10,
1999 (P.L.491, No.45), known as the Pennsylvania Construction
Code Act, shall apply to construction, alteration, repair and
occupancy of buildings within the district as though the
district were a municipality.
(j) Continuation of local ordinances, rules and
regulations.--
(1) Subject to the provisions of the home rule charter
and the administrative code, the county council shall be
vested with the power to amend, repeal or enact ordinances,
rules and regulations governing an unincorporated district.
(2) Unless amended or repealed by county council, all
ordinances, rules and regulations of the municipal
corporation in effect as of the date of dissolution shall
remain in effect as if duly adopted under the county home
rule charter and the administrative code and shall be
enforced by the county within an unincorporated district.
Section 3110-D. Revenue, taxation, fees and assessments.
(a) Enactment and enforcement.--The county council may,
acting as the governing body of the unincorporated district,
enact through ordinance and resolution and the county executive,
through the county manager, may enforce local tax, fee and
service charges for the unincorporated district at any rate or
amount as granted by statute to the class of municipal
corporation that the unincorporated district was prior to its
dissolution under this article or under other applicable State
laws, including, but not limited to, the act of December 31,
1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
(b) Levy.--
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collect taxes, fees and service charges authorized by
subsection (a) on the subjects of taxation and fees or
service charges on behalf of the unincorporated district for
the operating and capital expenses of the unincorporated
district.
(2) If the county levies a tax on the district that
would have been a taxation power of the municipal corporation
prior to dissolution, revenue derived from the levy shall be
restricted to the exclusive benefit of the district.
(3) In lieu of the power specified in paragraph (1), the
county may levy, on subjects fixed by law for each municipal
corporation prior to dissolution, uniform taxes on all
unincorporated districts within the county, provided that the
revenue derived from the levy is restricted to the exclusive
benefit of all districts within the county.
(c) Other revenues.--If the dissolved municipality collected
or received revenue other than through taxes, fees or service
charges, the same shall continue to be paid to the county after
dissolution, and the county shall apply the revenue to the
exclusive benefit of the district.
(d) Uncollected taxes, fees and service charges.--If, after
the effective date of dissolution, there are uncollected taxes,
fees and service charges, revenues or unsatisfied tax claims or
municipal claims, debts or obligations owed to the dissolved
municipality, the county may take action authorized by the laws
of this Commonwealth to ensure that the uncollected taxes, fees
and service charges, revenues or unsatisfied tax claims or
municipal claims, debts or obligations of the dissolved
municipality are paid to the county for the benefit of the
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Section 3111-D. Essential services transition plan ordinance.
(a) Effective date of essential services transition plan
ordinance.--Upon the dissolution of the municipal corporation
and expiration of the intergovernmental cooperation agreement,
the essential services transition plan adopted by the agreement
shall take effect as an ordinance of the county that applies to
the unincorporated district.
(b) Revision of essential services transition plan
ordinance.--The county, through the county council, may
periodically adopt, amend or repeal any provision of the
essential services plan ordinance for a specific unincorporated
district, provided that the residents of the district are given
an opportunity to make local comment on any proposed revision to
the ordinance under subsection (c) prior to the governing body's
vote revising the ordinance.
(c) Local comment meeting.--
(1) If the county proposes a revision to the essential
services transition plan ordinance of a specific
unincorporated district, a special joint meeting of a quorum
of the district advisory committee and two members of the
county council shall be convened. The chair of the district
advisory committee shall preside over the meeting.
(2) If the county governing body is elected by electoral
district, at least one of the members of the county governing
body participating in the special joint meeting shall be a
member that represents at least a portion of the
unincorporated district.
(3) The members of the district advisory committee and
the county council shall permit public comment on the county
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30 proposal at the special joint meeting.
(4) The members of the special joint meeting shall vote
on a resolution regarding the proposal to:
(i) recommend the adoption of the proposal;
(ii) recommend the adoption of the proposal with
amendment;
(iii) recommend against the adoption of the
proposal; or
(iv) abstain from making a recommendation on the
proposal.
(5) The members participating in the joint special
meeting shall provide notice of any resolution adopted at the
joint special meeting to each member of the county council.
Section 3112-D. District advisory committee.
(a) Composition.--
(1) Each unincorporated district shall establish a
district advisory committee. The district advisory committee
shall consist of three members who must be electors residing
within the district.
(2) The members of the district advisory committee shall
be appointed by the county executive subject to approval by a
majority of the seated members of the county council.
(3) The members of the district advisory committee shall
serve at the pleasure of the county executive.
(4) At the first meeting of each calendar year, the
district advisory committee shall elect a chair who shall
preside over each meeting.
(b) Meetings.--
(1) The district advisory committee shall hold at least
four regularly scheduled public meetings in the
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30 unincorporated district each year. The meetings shall be open
meetings under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(2) At each meeting, the district advisory committee
shall permit public comment and may provide recommendations
by resolution to the county as to the governance and
administration of the district.
(3) A majority of the members of the district advisory
committee shall constitute a quorum.
Section 3113-D. Financial assistance.
The Department of Community and Economic Development shall
establish and administer, provided funds are appropriated or
available for the purpose, a grant program to assist municipal
corporations that are considering dissolution and formation of
an unincorporated district administered by the county. Grants
may be used by municipal corporations and the county to offset
the cost and expenses in the development of essential services
transition plans.
Section 3114-D. Merger and consolidation and reestablishment of
or incorporation as a municipal corporation.
(a) Procedure.--
(1) For the limited purpose of merging or consolidating
with one or more surrounding municipalities under 53 Pa.C.S.
Ch. 7 Subch. C (relating to consolidation and merger), the
residents of an unincorporated district may file a petition
with the county board of elections as provided in 53 Pa.C.S.
§§ 735 (relating to initiative of electors seeking
consolidation or merger without new home rule charter) and
735.1 (relating to initiative of electors seeking
consolidation or merger with new home rule charter).
(2) Residents of the district may be nominated to and
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of the district with one or more municipalities.
(3) Upon favorable action by the electorate on
consolidation or merger, the district advisory committee
shall enter into a merger or consolidation agreement with the
governing bodies of other municipalities in accordance with
53 Pa.C.S. § 737 (relating to consolidation or merger
agreement) and the committee shall provide for the transition
of the district into a consolidated or merged municipality
with the same powers and duties as provided by law to
governing bodies of municipalities.
(4) The district advisory committee and the county shall
cooperate to expend funds for the purpose of merger,
consolidation or reestablishment of the municipal corporation
as provided in subsection (b).
(b) Reestablishment of or incorporation as a municipal
corporation.--The electors of an unincorporated district may
reestablish the territory of the district as a municipal
corporation or incorporate the territory of the unincorporated
district in accordance with the laws of this Commonwealth
governing the establishment of the intended municipal
corporation.
(c) Grants permitted.--The Department of Community and
Economic Development or the county may issue a loan or grant
authorized under applicable laws to a merged, consolidated or
subsequently incorporated municipality, including the territory
of the district, to provide transitional assistance.
(d) Assets.--All assets of the district shall be conveyed to
a merged, consolidated or subsequently reestablished or
incorporated municipality, including the territory of the
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(e) Assumption of debt.--All debt obligations for which the
district is the promisor shall be assumed by a merged,
consolidated or subsequently reestablished or incorporated
municipality, including the territory of the district.
Section 3115-D. Severability.
The provisions of this article are severable. If any
provision of this article or its application to any person or
circumstances is held to be invalid, the invalidity shall not
affect other provisions or applications of this article that can
be given effect without the invalid provision or application.
Section 3116-D. Effect of dissolution.
The dissolution of a municipal corporation and the creation
of an unincorporated district shall not affect the municipal
corporation's classification as a municipality for purposes of
other laws.
Section 2. The provisions of 53 Pa.C.S. Ch. 29 are repealed
to the extent that they are inconsistent with the provisions of
this act.
Section 3. This act shall take effect immediately.
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