HB 1211 — An Act amending the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, 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.

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
 1   Amending the act of July 28, 1953 (P.L.723, No.230), entitled
 2      "An act relating to counties of the second class and second
 3      class A; amending, revising, consolidating and changing the
 4      laws relating thereto," providing for the voluntary
 5      dissolution of the existing form of governance of a municipal
 6      corporation located in a county of the second class and the
 7      creation of unincorporated districts of counties of the
 8      second class; authorizing the county to assume responsibility
 9      for the governance of the municipal corporation and delivery
10      of public services to the citizens residing in the municipal
11      corporation through the administration of an unincorporated
12      district; authorizing unincorporated district advisory
13      committees; and making a repeal.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.     The act of July 28, 1953 (P.L.723, No.230), known
17   as the Second Class County Code, is amended by adding an article
18   to read:
19                               ARTICLE XXXI-D
20               CREATION OF UNINCORPORATED DISTRICTS FOR THE
21              GOVERNANCE OF DISSOLVED MUNICIPAL CORPORATIONS
22                    WITHIN COUNTIES OF THE SECOND CLASS
23   Section 3101-D.    Scope of article.
 1      This article relates to unincorporated districts of counties
 2   of the second class.
 3   Section 3102-D.    Legislative findings.
 4      The General Assembly finds and declares as follows:
 5          (1)   While the electors of this Commonwealth have long
 6      had procedures by which to create new municipalities, the
 7      General Assembly may also provide a means whereby electors of
 8      municipalities may unilaterally terminate their municipal
 9      corporations.
10          (2)   The electors residing in a municipal corporation
11      located in a county of the second class should have the right
12      to voluntarily dissolve their existing form of government and
13      transfer all powers, duties and responsibilities for the
14      governance of the municipal corporation to an unincorporated
15      district administered by a county of the second class if the
16      electors believe that the county would be able to provide for
17      more efficient and effective municipal services.
18          (3)   Article IX of the Constitution of Pennsylvania
19      authorizes the governing body of a municipality to cooperate,
20      transfer or delegate any function, power or responsibility by
21      mutual agreement to another municipality, district or newly
22      created governmental unit.
23          (4)   The dissolution of the existing form of government
24      for a municipal corporation and the substitution of an
25      unincorporated district as a new form of government
26      administered by the county is authorized by Article IX of the
27      Constitution of Pennsylvania, which provides broad authority
28      to the General Assembly to provide for local government.
29          (5)   It is appropriate for an unincorporated district to
30      transfer administrative functions to the county under section

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 1      5 of Article IX of the Constitution of Pennsylvania, which
 2      provides that a municipality may delegate or transfer any
 3      function, power or responsibility to another municipality,
 4      including a county.
 5          (6)     In recognition of the problems faced by certain
 6      municipal corporations located within counties of the second
 7      class and the shared benefits available to other
 8      municipalities, it is appropriate for the General Assembly to
 9      authorize the creation of unincorporated districts within
10      counties of the second class.
11   Section 3103-D.    Definitions.
12      The following words and phrases when used in this article
13   shall have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Administrative code."    The ordinance of the county providing
16   for the administration and operation of the county's government
17   consistent with the county's home rule charter or a successor
18   law or ordinance.
19      "County."    A county of the second class in which a municipal
20   corporation is entirely located.
21      "County council."    The elected legislative body of a county
22   elected in accordance with the home rule charter or a successor
23   or successors to the legislative duties and responsibilities of
24   the elected legislative body.
25      "County executive."    The county executive of a county elected
26   in accordance with the home rule charter or a successor or
27   successors to the executive duties and responsibilities of the
28   county executive.
29      "County manager."    An appointed chief administrative officer
30   of a county responsible to the county executive for the

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 1   administration of the day-to-day operations and administration
 2   of county government or a successor or successors to the
 3   operational and administrative duties and responsibilities of
 4   the chief administrative officer.
 5      "Dissolution."   Replacement of the existing form of
 6   governance of a municipal corporation with an unincorporated
 7   district administered by a county.
 8      "Dissolved municipality."   A municipal corporation whose
 9   electors have voted to voluntarily dissolve the municipal
10   corporation's existing form of governance and to have the county
11   assume all powers, duties and responsibilities for governance of
12   the municipal corporation and delivery of public services
13   through the administration of an unincorporated district.
14      "District advisory committee."      A body appointed to advise a
15   county manager concerning matters related to the governance of a
16   dissolved municipality that has become an unincorporated
17   district of the county.
18      "Electors."    The registered voters of a municipal corporation
19   seeking to voluntarily dissolve the existing form of governance
20   of a municipal corporation in which the electors reside and to
21   have the county assume all powers, duties and responsibilities
22   for governance of the municipal corporation and delivery of
23   public services through the administration of an unincorporated
24   district or the registered voters in an unincorporated district
25   of the county seeking to reestablish the dissolved municipality
26   as a separate municipal corporation.
27      "Governing body."   Any of the following:
28          (1)   The council in a city, borough or incorporated town.
29          (2)   The board of commissioners in a township of the
30      first class.

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 1            (3)   The board of supervisors in a township of the second
 2      class.
 3            (4)   The elected legislative body in a home rule
 4      municipality.
 5      "Home rule charter."       The home rule charter of a home rule
 6   municipality, including the home rule charter of a county.
 7      "Municipal corporation."       A city, borough, incorporated town,
 8   township or home rule municipality with a population of 10,000
 9   or less and located entirely in a county.
10      "Official action."     A vote taken by the governing body at a
11   public meeting.
12      "Unincorporated district."       The name of the geographical
13   territory encompassing a dissolved municipality.
14   Section 3104-D.     Initiation of municipal corporation
15                  dissolution.
16      (a)   Findings.--If the governing body of a municipal
17   corporation finds that the residents of the municipal
18   corporation would be better served by the administration of
19   municipal services by the county, the governing body may seek to
20   provide for the dissolution of the municipal corporation under
21   this article.
22      (b)   Resolution of preliminary interest.--
23            (1)   The governing body of a municipal corporation shall
24      indicate its interest in exploring dissolution of the
25      municipal corporation by adopting a nonbinding resolution of
26      preliminary interest. In the resolution, the governing body
27      of the municipal corporation shall expressly authorize its
28      elected and appointed officials and officers to enter into
29      formal discussions with the county concerning the preparation
30      of an essential services transition plan as part of an

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 1      intergovernmental cooperation agreement under the provisions
 2      of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
 3      cooperation) under which the existing form of governance of
 4      the municipal corporation would be voluntarily dissolved
 5      following an affirmative vote by the electors of the
 6      municipal corporation at a referendum and all powers, duties
 7      and responsibilities for the governance of the municipal
 8      corporation and delivery of public services to the citizens
 9      residing in the municipal corporation eventually would be
10      transferred to and exercised by the county through the
11      administration of an unincorporated district.
12          (2)   The governing body of a municipal corporation shall
13      transmit a certified copy of the governing body's adopted
14      resolution of preliminary interest to the county manager.
15          (3)   Within 10 business days of receipt of the certified
16      copy of the municipal corporation's resolution of preliminary
17      interest, the county manager or the manager's authorized
18      representative or delegate shall contact the authorized
19      officer or representative of the municipal corporation to
20      begin formal discussions on the development of an essential
21      services transition plan as part of an intergovernmental
22      cooperation agreement under the provisions of 53 Pa.C.S. Ch.
23      23 (relating to general provisions) under which the existing
24      form of governance of the municipal corporation would be
25      dissolved and all powers, duties and responsibilities for the
26      governance of the municipal corporation and for delivery of
27      public services to the citizens residing in the municipal
28      corporation would be transferred to and exercised by the
29      county through an unincorporated district.
30   Section 3105-D.   Development of essential services transition

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 1               plan and time period for development of plan.
 2      (a)   Proposed plan and intergovernmental cooperation
 3   agreement.--The authorized representatives of the municipal
 4   corporation and the county shall confer and prepare a written
 5   proposed essential services transition plan as part of an
 6   intergovernmental cooperation agreement under the provisions of
 7   53 Pa.C.S. Ch. 23 (relating to general provisions) under which
 8   the existing form of governance of the municipal corporation
 9   would be dissolved and all powers, duties and responsibilities
10   for the governance of the municipal corporation and delivery of
11   public services to the citizens residing in the municipal
12   corporation would be transferred to and exercised by the county
13   through an unincorporated district.
14      (b)   Time period to complete proposed plan and
15   intergovernmental cooperation agreement.--The proposed
16   intergovernmental cooperation agreement with the proposed
17   essential services transition plan shall be completed by the
18   authorized representatives of the county and the municipal
19   corporation within 180 days of the date agreed upon as the
20   commencement date of discussions concerning the development of
21   the essential services transition plan as part of the
22   intergovernmental cooperation agreement.
23      (c)   Intergovernmental cooperation.--During the 180-day
24   period of the development of the essential services transition
25   plan as part of the intergovernmental cooperation agreement
26   between the county and the municipal corporation, the county and
27   the municipal corporation shall exchange information and provide
28   records and other necessary documents as may be reasonably
29   requested to assist in the preparation of the agreement.
30      (d)   Extension.--

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 1            (1)   If a final proposed essential services transition
 2      plan as part of the intergovernmental cooperation agreement
 3      is not completed by the end of the 180-day period under
 4      subsection (b), the time period for the development of the
 5      essential services transition plan may be extended by mutual
 6      agreement of the county and the municipal corporation for an
 7      additional 90 days.
 8            (2)   If the county and the municipal corporation cannot
 9      reach an agreement on a final proposed essential services
10      transition plan by the end of the additional 90-day period,
11      then all discussions concerning possible dissolution of the
12      municipal corporation and replacement of its governance by an
13      unincorporated district administered by the county shall be
14      concluded.
15      (e)   Costs and expenses.--The county and the municipal
16   corporation shall bear their own costs and expenses incurred
17   during the development of the essential services transition
18   plan.
19   Section 3106-D.    Essential services transition plan.
20      (a)   Content.--In addition to the requirements contained in
21   53 Pa.C.S. § 2307 (relating to content of ordinance or
22   resolution), the intergovernmental cooperation agreement created
23   under section 3105-D shall include a written proposed essential
24   services transition plan. The plan shall provide for, but not be
25   limited to, the following matters:
26            (1)   Establishment of the name of the district. A
27      district established by this article shall be named "The
28      Unincorporated District of             of              County."
29            (2)   Disposition and handling of debts and obligations of
30      the municipal corporation.

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 1        (3)   Disposition and handling of suits, claims and
 2    demands against the municipal corporation.
 3        (4)   The closing or transfer of all accounts of the
 4    municipal corporation.
 5        (5)   The status, number and role of employees of the
 6    municipal corporation and modifications to or rescission of
 7    collective bargaining agreements applicable to the employees
 8    in accordance with applicable laws.
 9        (6)   The disposition of each ongoing contract to which
10    the municipal corporation is a party. The proposed essential
11    services transition plan may provide for the disposition of
12    each contract by making the county a successor to the
13    contract with the assent of other parties to the contract or
14    the termination or modification of the contract according to
15    the contract's terms.
16        (7)   Disposition of all real and personal property and
17    other assets of the municipal corporation by sale, lease or
18    conveyance. The proceeds of a disposition shall be used for
19    the exclusive benefit of the residents of the municipal
20    corporation and may be applied for the following purposes:
21              (i)    Payment of outstanding debt obligations to the
22        municipal corporation.
23              (ii)   Provision of municipal services to the electors
24        of the municipal corporation.
25        (8)   A consolidation of ordinances of the municipal
26    corporation related to the health, safety or general welfare
27    of the residents of the district and land use that the county
28    and the municipal corporation determine will remain in effect
29    within the district following the dissolution of the
30    municipal corporation.

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 1        (9)     (i)   The rates of taxes and fees that shall apply in
 2        the unincorporated district beginning on the date of the
 3        dissolution of the municipal corporation.
 4               (ii)   This paragraph shall apply to any tax that the
 5        municipal corporation may levy by its municipal code or
 6        the act of December 31, 1965 (P.L.1257, No.511), known as
 7        The Local Tax Enabling Act.
 8        (10)     Local emergency management in accordance with the
 9    plan and program of the Pennsylvania Emergency Management
10    Agency. The plan shall provide for the district in a
11    substantially similar manner as plans required for a
12    political subdivision under 35 Pa.C.S. Ch. 75 Subch. A
13    (relating to general provisions). The proposed essential
14    services transition plan shall include a procedure for a
15    declaration of a disaster emergency to be made in the
16    district and the designation of a local coordinator of
17    emergency management.
18        (11)     The disposition and storage of all books, records,
19    deeds, papers and other important documents.
20        (12)     The status, funding, payment and future
21    administration of pensions and pension plans administered by
22    the municipal corporation or on behalf of the municipal
23    corporation by a third party.
24        (13)     The level and mode of delivery of municipal
25    services.
26        (14)     A proposed operating and capital budget that may
27    include a capital improvement plan and tax and fee rates.
28        (15)     Outstanding delinquent taxes and debts and
29    assignment of the delinquent taxes and debts for collection.
30        (16)     The formation of the district advisory committee

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 1    which shall be consistent with section 3112-D and the powers
 2    and duties provided under this article. The plan shall
 3    provide for the methods of appointment, removal and
 4    designation of a chair and terms of the members of the
 5    committee.
 6          (17)   Any other matter or item determined by the county
 7    and the municipal corporation to be germane to the future
 8    governance of the municipal corporation by an unincorporated
 9    district administered by the county.
10    (b)   Public notice.--
11          (1)    Notwithstanding the provisions of 53 Pa.C.S. Ch. 23
12    (relating to general provisions), not less than 45 days
13    before executing the proposed essential services transition
14    plan as a part of an intergovernmental cooperation agreement
15    under subsection (a), the municipal corporation shall publish
16    in at least one newspaper of general circulation a
17    notification of the hearing under subsection (c) and a brief
18    summary prepared by the solicitor of the municipal
19    corporation of the proposed intergovernmental cooperation
20    agreement stating all the provisions of the proposed
21    essential services transition plan between the county and the
22    municipal corporation in reasonable detail and a reference to
23    the office or other place where copies of the proposed
24    intergovernmental cooperation agreement may be examined.
25          (2)    The proposed intergovernmental cooperation agreement
26    shall also be published on the publicly accessible Internet
27    website of the county and the municipal corporation, where
28    the publicly accessible Internet website has been previously
29    established.
30    (c)   Public hearing.--

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 1            (1)   At least 15 days after the publication of the notice
 2      under subsection (b), the governing body of the municipal
 3      corporation shall hold a public hearing, located in the
 4      municipal corporation, to present a summary of the proposed
 5      agreement and accept public comment on the proposed essential
 6      services transition plan.
 7            (2)   Two members of county council, one of whom shall be
 8      the member who represents the municipal corporation on the
 9      county council, the county executive of the county or the
10      county executive's designee and other representatives of the
11      county who the county executive deems necessary shall attend
12      the public hearing to provide information on the proposed
13      intergovernmental cooperation agreement and to receive public
14      comments.
15      (d)   Revisions following public hearing.--A revision made to
16   the proposed essential services transition plan as a part of an
17   intergovernmental cooperation agreement after the public hearing
18   shall be made available for public examination and published on
19   the publicly accessible Internet website as provided under
20   subsection (b) at least 15 days prior to final approval and the
21   execution of the agreement by the governing body of the
22   municipal corporation.
23      (e)   Final approval of essential services transition plan.--
24            (1)   (i)    The governing body of the municipal corporation
25            shall take official action on an ordinance to adopt the
26            final proposed intergovernmental cooperation agreement
27            under the provisions of 53 Pa.C.S. Ch. 23 at a regularly
28            scheduled meeting or at a special meeting called to
29            consider the final proposed agreement.
30                  (ii)   If the governing body of the municipal

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 1        corporation approves the ordinance to adopt the final
 2        proposed intergovernmental cooperation agreement, the
 3        ordinance of the municipal corporation shall become
 4        effective only as provided in section 3107-D(b)(4). The
 5        municipal corporation, through its authorized
 6        representative or delegate, shall execute the final
 7        proposed intergovernmental cooperation agreement and
 8        transmit the signed agreement and certified copies of its
 9        official action approving the final proposed agreement to
10        county council, the county executive and the county
11        manager.
12              (iii)    If the governing body of the municipal
13        corporation disapproves the ordinance to adopt the final
14        proposed intergovernmental cooperation agreement, the
15        municipal corporation shall transmit official notice of
16        the disapproval of the final proposed agreement to the
17        county council, the county executive and the county
18        manager.
19              (iv)    Upon receipt of notice of disapproval of the
20        final proposed agreement, the possible dissolution of the
21        municipal corporation and replacement of its governance
22        by an unincorporated district administered by the county
23        shall be deemed to be concluded.
24        (2)   (i)     Upon receipt of a certified copy of the
25        municipal corporation's official action approving the
26        final proposed agreement, the county council shall take
27        official action to approve the final proposed
28        intergovernmental cooperation agreement by enacting a
29        county ordinance that becomes effective as provided under
30        section 3111-D at a regularly scheduled meeting or at a

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 1        special meeting called to consider the final proposed
 2        agreement.
 3             (ii)    If the county council takes official action to
 4        approve the final proposed agreement, the county council
 5        shall submit the proposed county ordinance approving the
 6        final proposed intergovernmental cooperation agreement to
 7        the county executive for approval in accordance with the
 8        county's administrative code.
 9             (iii)   If the county executive signs the county
10        ordinance or the county council overrides a veto of the
11        ordinance, the county manager shall execute the final
12        intergovernmental cooperation agreement on behalf of the
13        county and transmit the signed intergovernmental
14        cooperation agreement and a certified copy of the county
15        council's official action approving the county ordinance
16        authorizing the final proposed agreement to the municipal
17        corporation.
18             (iv)    If the county council votes to disapprove the
19        county ordinance authorizing the final proposed agreement
20        or the county council fails to override the county
21        executive's veto of the county ordinance authorizing the
22        final proposed agreement, the county council, through its
23        authorized representative or delegate, shall transmit
24        official notice of the disapproval of the final proposed
25        agreement to the municipal corporation, the county
26        executive and the county manager.
27             (v)    Upon receipt of the notice of disapproval of the
28        final proposed agreement, the possible dissolution of the
29        municipal corporation and replacement of its governance
30        by an unincorporated district administered by the county

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 1            shall be deemed to be concluded.
 2   Section 3107-D.     Referendum.
 3      (a)   Filing.--
 4            (1)   Within 30 days of receipt of the fully signed
 5      intergovernmental cooperation agreement from the county under
 6      section 3106-D(e)(2), the governing body of the municipal
 7      corporation shall file a notice with the county board of
 8      elections requesting submission of the question of the
 9      dissolution of the municipal corporation to the voters of the
10      municipal corporation by referendum.
11            (2)   The governing body of the municipal corporation
12      shall include a certified copy of the signed
13      intergovernmental cooperation agreement with the notice of
14      intent for holding the referendum.
15            (3)   The governing body of the municipal corporation
16      shall provide copies of the notice of intent filed with the
17      county board of elections to the county council, the county
18      executive and the county manager.
19      (b)   Conduct of referendum.--
20            (1)   Upon receiving the notice in subsection (a), the
21      county board of elections shall schedule a referendum to be
22      held at the next available election occurring at least 13
23      weeks after the municipal corporation's receipt of the signed
24      intergovernmental cooperation agreement from the county under
25      section 3106-D(e)(2).
26            (2)   The question of the referendum shall be:
27                  Shall (name of municipal corporation) dissolve its
28                  existing form of governance and become an
29                  unincorporated district administered by the county
30                  under the essential services transition plan adopted

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 1                  (date of intergovernmental cooperation agreement)?
 2            (3)   Upon certification of the election results, the
 3      county board of elections shall send notice of the results of
 4      the referendum to the governing body of the municipal
 5      corporation, the county council, the county executive, the
 6      county manager and the Department of Community and Economic
 7      Development.
 8            (4)   If a majority of the electors voting on the question
 9      approve, dissolution of the municipal corporation shall occur
10      according to the provisions of section 3108-D.
11            (5)   No municipal corporation that has disapproved a
12      referendum under this section shall initiate the processes
13      for municipal dissolution under this article for a period of
14      five years.
15   Section 3108-D.     Effect of dissolution.
16      (a)   Winding-down of affairs of the municipal corporation.--
17   Following certification by the county board of elections that
18   the referendum has been approved, the governing body of the
19   municipal corporation, with the assistance of the county, shall
20   proceed with the orderly winding-down of the municipal
21   corporation in accordance with the essential services transition
22   plan.
23      (b)   Effective date of dissolution.--The effective date of
24   the dissolution of the municipal corporation shall be 180 days
25   following the certification by the county board of elections
26   that the referendum has been approved. Upon the effective date
27   of dissolution, all of the following shall occur:
28            (1)   The terms of office of all elected and appointed
29      officers of the municipal corporation shall end.
30            (2)   The essential services transition plan adopted by

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 1      the intergovernmental cooperation agreement shall take effect
 2      as a county ordinance under section 3111-D.
 3            (3)   The area formerly contained within the municipal
 4      corporation shall become an unincorporated district of the
 5      county. The district shall have the name designated in the
 6      intergovernmental cooperation agreement.
 7            (4)   The members of the district advisory committee shall
 8      be appointed according to the provisions of the essential
 9      services transition plan ordinance within 30 days.
10   Section 3109-D.    Unincorporated district of county.
11      (a)   Designation.--The area formerly contained within a
12   municipal corporation shall, after dissolution under this
13   article, become an unincorporated district of the county in
14   which the area is located. The unincorporated district shall be
15   a limited purpose unit of local government established to be
16   administered by and receive services from the county.
17      (b)   Authorized administrative authority.--
18            (1)   All legislative, administrative and quasi-judicial
19      powers of the unincorporated district shall be vested in the
20      county.
21            (2)   The county manager, through the administrative
22      structure that is deemed to be appropriate and necessary,
23      shall manage the day-to-day operations of the unincorporated
24      district.
25            (3)   The county manager shall prepare an annual operating
26      and capital budget and proposed tax, fee and service charge
27      rates for the unincorporated district for the county
28      council's approval.
29            (4)   The county council may enact ordinances to provide
30      for the exercise of the powers assigned to the county under

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 1      this article and the delivery of public services to the
 2      citizens residing in the unincorporated district as the
 3      county council deems necessary.
 4      (c)   Corporate powers.--The county may exercise the following
 5   powers in the governance and administration of the
 6   unincorporated district:
 7            (1)   Any power which would have been conferred upon the
 8      municipal corporation prior to its dissolution by the laws of
 9      this Commonwealth relating to the municipal corporation,
10      including, but not limited to, the municipal code applicable
11      to the dissolved municipality or the home rule charter of the
12      municipal corporation.
13            (2)   Any power conferred by statute upon all
14      municipalities in this Commonwealth or all municipalities of
15      the class that the municipal corporation had been prior to
16      dissolution.
17            (3)   Any power of the county not denied by this article,
18      the county's home rule charter, as the case may be, or the
19      Constitution of Pennsylvania.
20      (d)   District real and personal property.--
21            (1)   All assets not sold by the municipal corporation
22      during the course of the winding-down of the municipal
23      corporation's affairs and the date of dissolution as provided
24      for under section 3108-D shall become the property of the
25      unincorporated district. Proceeds resulting from the
26      disposition of any property shall be applied for the
27      exclusive benefit of the residents of the district.
28            (2)   The county shall provide as it deems necessary and
29      prudent for the repair and maintenance of all real property
30      and roadways for the benefit of the residents and property

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 1    owners of the unincorporated district.
 2          (3)   Nothing in this subsection shall be construed to
 3    require the express approval of the General Assembly to
 4    dispose of or use any lands acquired with funds under the act
 5    of June 22, 1964 (Sp.Sess., P.L.131, No.8), known as the
 6    Project 70 Land Acquisition and Borrowing Act, for purposes
 7    other than those provided by that act, except that the
 8    Commonwealth may succeed in title of the property for the
 9    limited purposes established by this subsection.
10    (e)   Former municipal debt.--
11          (1)   All debt incurred by the municipal corporation
12    before the establishment of the unincorporated district shall
13    be the debt of the district. The county shall provide for the
14    service of the debt from revenues collected within the
15    district.
16          (2)   Nothing in this subsection shall be construed to
17    require the county to guarantee debt incurred by a dissolved
18    municipality or unincorporated district with revenues from
19    the county's general fund or other source of revenue not
20    derived from taxes collected or fees assessed for the
21    administration of this article or gains from the sale of
22    assets of the dissolved municipality.
23    (f)   District debt.--
24          (1)   The county may incur debt designating the
25    unincorporated district as the promisor provided that the
26    debt is limited to the exclusive benefit of the residents of
27    the district. For the purposes of 53 Pa.C.S. Pt. VII Subpt. B
28    (relating to indebtedness and borrowing), the district shall
29    constitute a local government unit.
30          (2)   Taxes levied by the county in the district may be a

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 1      form of guaranteed revenue to support the debt.
 2            (3)   Debt incurred under this subsection shall be
 3      evaluated against the borrowing base of the district but not
 4      the county.
 5      (g)   Eligibility for State grants and programs.--The county
 6   may apply for and be eligible to receive any financial grant,
 7   loan or payment on behalf of the district, and the district may
 8   participate in any program for which it was eligible when it was
 9   a municipal corporation, including, but not limited to,
10   emergency grants and loans from the Commonwealth, payments
11   distributed under the act of June 1, 1956 (1955 P.L.1944,
12   No.655), referred to as the Liquid Fuels Tax Municipal
13   Allocation Law, all programs administered by the Pennsylvania
14   Infrastructure Investment Authority and all economic and
15   community development programs funded by the Commonwealth.
16      (h)   Relationship with existing municipal and other
17   authorities preserved.--
18            (1)   Authorities established to provide services to the
19      residents and property owners of a municipal corporation
20      prior to dissolution shall continue to serve the residents
21      and property owners of a district, and members of the
22      authority appointed by the governing body of the municipal
23      corporation prior to dissolution shall continue to serve out
24      the remainder of the members' respective terms.
25            (2)   Notwithstanding the provisions of 53 Pa.C.S. § 5607
26      (relating to purposes and powers) or any other provision of
27      law, subsequent appointments to the authority board which
28      would otherwise be made by the governing body of the
29      municipal corporation shall be made by the county executive
30      in consultation with the district advisory committee subject

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 1      to approval by the county council.
 2      (i)   Pennsylvania Construction Code.--The act of November 10,
 3   1999 (P.L.491, No.45), known as the Pennsylvania Construction
 4   Code Act, shall apply to construction, alteration, repair and
 5   occupancy of buildings within the district as though the
 6   district were a municipality.
 7      (j)   Continuation of local ordinances, rules and
 8   regulations.--
 9            (1)   Subject to the provisions of the home rule charter
10      and the administrative code, the county council shall be
11      vested with the power to amend, repeal or enact ordinances,
12      rules and regulations governing an unincorporated district.
13            (2)   Unless amended or repealed by county council, all
14      ordinances, rules and regulations of the municipal
15      corporation in effect as of the date of dissolution shall
16      remain in effect as if duly adopted under the county home
17      rule charter and the administrative code and shall be
18      enforced by the county within an unincorporated district.
19   Section 3110-D.    Revenue, taxation, fees and assessments.
20      (a)   Enactment and enforcement.--The county council may,
21   acting as the governing body of the unincorporated district,
22   enact through ordinance and resolution and the county executive,
23   through the county manager, may enforce local tax, fee and
24   service charges for the unincorporated district at any rate or
25   amount as granted by statute to the class of municipal
26   corporation that the unincorporated district was prior to its
27   dissolution under this article or under other applicable State
28   laws, including, but not limited to, the act of December 31,
29   1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
30      (b)   Levy.--

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 1            (1)   The county council shall levy and the county shall
 2      collect taxes, fees and service charges authorized by
 3      subsection (a) on the subjects of taxation and fees or
 4      service charges on behalf of the unincorporated district for
 5      the operating and capital expenses of the unincorporated
 6      district.
 7            (2)   If the county levies a tax on the district that
 8      would have been a taxation power of the municipal corporation
 9      prior to dissolution, revenue derived from the levy shall be
10      restricted to the exclusive benefit of the district.
11            (3)   In lieu of the power specified in paragraph (1), the
12      county may levy, on subjects fixed by law for each municipal
13      corporation prior to dissolution, uniform taxes on all
14      unincorporated districts within the county, provided that the
15      revenue derived from the levy is restricted to the exclusive
16      benefit of all districts within the county.
17      (c)   Other revenues.--If the dissolved municipality collected
18   or received revenue other than through taxes, fees or service
19   charges, the same shall continue to be paid to the county after
20   dissolution, and the county shall apply the revenue to the
21   exclusive benefit of the district.
22      (d)   Uncollected taxes, fees and service charges.--If, after
23   the effective date of dissolution, there are uncollected taxes,
24   fees and service charges, revenues or unsatisfied tax claims or
25   municipal claims, debts or obligations owed to the dissolved
26   municipality, the county may take action authorized by the laws
27   of this Commonwealth to ensure that the uncollected taxes, fees
28   and service charges, revenues or unsatisfied tax claims or
29   municipal claims, debts or obligations of the dissolved
30   municipality are paid to the county for the benefit of the

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 1   district.
 2   Section 3111-D.    Essential services transition plan ordinance.
 3      (a)   Effective date of essential services transition plan
 4   ordinance.--Upon the dissolution of the municipal corporation
 5   and expiration of the intergovernmental cooperation agreement,
 6   the essential services transition plan adopted by the agreement
 7   shall take effect as an ordinance of the county that applies to
 8   the unincorporated district.
 9      (b)   Revision of essential services transition plan
10   ordinance.--The county, through the county council, may
11   periodically adopt, amend or repeal any provision of the
12   essential services plan ordinance for a specific unincorporated
13   district, provided that the residents of the district are given
14   an opportunity to make local comment on any proposed revision to
15   the ordinance under subsection (c) prior to the governing body's
16   vote revising the ordinance.
17      (c)   Local comment meeting.--
18            (1)   If the county proposes a revision to the essential
19      services transition plan ordinance of a specific
20      unincorporated district, a special joint meeting of a quorum
21      of the district advisory committee and two members of the
22      county council shall be convened. The chair of the district
23      advisory committee shall preside over the meeting.
24            (2)   If the county governing body is elected by electoral
25      district, at least one of the members of the county governing
26      body participating in the special joint meeting shall be a
27      member that represents at least a portion of the
28      unincorporated district.
29            (3)   The members of the district advisory committee and
30      the county council shall permit public comment on the county

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 1      proposal at the special joint meeting.
 2            (4)   The members of the special joint meeting shall vote
 3      on a resolution regarding the proposal to:
 4                  (i)    recommend the adoption of the proposal;
 5                  (ii)    recommend the adoption of the proposal with
 6            amendment;
 7                  (iii)    recommend against the adoption of the
 8            proposal; or
 9                  (iv)    abstain from making a recommendation on the
10            proposal.
11            (5)   The members participating in the joint special
12      meeting shall provide notice of any resolution adopted at the
13      joint special meeting to each member of the county council.
14   Section 3112-D.        District advisory committee.
15      (a)   Composition.--
16            (1)   Each unincorporated district shall establish a
17      district advisory committee. The district advisory committee
18      shall consist of three members who must be electors residing
19      within the district.
20            (2)   The members of the district advisory committee shall
21      be appointed by the county executive subject to approval by a
22      majority of the seated members of the county council.
23            (3)   The members of the district advisory committee shall
24      serve at the pleasure of the county executive.
25            (4)   At the first meeting of each calendar year, the
26      district advisory committee shall elect a chair who shall
27      preside over each meeting.
28      (b)   Meetings.--
29            (1)   The district advisory committee shall hold at least
30      four regularly scheduled public meetings in the

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 1      unincorporated district each year. The meetings shall be open
 2      meetings under 65 Pa.C.S. Ch. 7 (relating to open meetings).
 3            (2)   At each meeting, the district advisory committee
 4      shall permit public comment and may provide recommendations
 5      by resolution to the county as to the governance and
 6      administration of the district.
 7            (3)   A majority of the members of the district advisory
 8      committee shall constitute a quorum.
 9   Section 3113-D.     Financial assistance.
10      The Department of Community and Economic Development shall
11   establish and administer, provided funds are appropriated or
12   available for the purpose, a grant program to assist municipal
13   corporations that are considering dissolution and formation of
14   an unincorporated district administered by the county. Grants
15   may be used by municipal corporations and the county to offset
16   the cost and expenses in the development of essential services
17   transition plans.
18   Section 3114-D.     Merger and consolidation and reestablishment of
19                  or incorporation as a municipal corporation.
20      (a)   Procedure.--
21            (1)   For the limited purpose of merging or consolidating
22      with one or more surrounding municipalities under 53 Pa.C.S.
23      Ch. 7 Subch. C (relating to consolidation and merger), the
24      residents of an unincorporated district may file a petition
25      with the county board of elections as provided in 53 Pa.C.S.
26      §§ 735 (relating to initiative of electors seeking
27      consolidation or merger without new home rule charter) and
28      735.1 (relating to initiative of electors seeking
29      consolidation or merger with new home rule charter).
30            (2)   Residents of the district may be nominated to and

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 1      serve on a commission formed to study merger or consolidation
 2      of the district with one or more municipalities.
 3            (3)   Upon favorable action by the electorate on
 4      consolidation or merger, the district advisory committee
 5      shall enter into a merger or consolidation agreement with the
 6      governing bodies of other municipalities in accordance with
 7      53 Pa.C.S. § 737 (relating to consolidation or merger
 8      agreement) and the committee shall provide for the transition
 9      of the district into a consolidated or merged municipality
10      with the same powers and duties as provided by law to
11      governing bodies of municipalities.
12            (4)   The district advisory committee and the county shall
13      cooperate to expend funds for the purpose of merger,
14      consolidation or reestablishment of the municipal corporation
15      as provided in subsection (b).
16      (b)   Reestablishment of or incorporation as a municipal
17   corporation.--The electors of an unincorporated district may
18   reestablish the territory of the district as a municipal
19   corporation or incorporate the territory of the unincorporated
20   district in accordance with the laws of this Commonwealth
21   governing the establishment of the intended municipal
22   corporation.
23      (c)   Grants permitted.--The Department of Community and
24   Economic Development or the county may issue a loan or grant
25   authorized under applicable laws to a merged, consolidated or
26   subsequently incorporated municipality, including the territory
27   of the district, to provide transitional assistance.
28      (d)   Assets.--All assets of the district shall be conveyed to
29   a merged, consolidated or subsequently reestablished or
30   incorporated municipality, including the territory of the

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 1   district.
 2      (e)   Assumption of debt.--All debt obligations for which the
 3   district is the promisor shall be assumed by a merged,
 4   consolidated or subsequently reestablished or incorporated
 5   municipality, including the territory of the district.
 6   Section 3115-D.    Severability.
 7      The provisions of this article are severable. If any
 8   provision of this article or its application to any person or
 9   circumstances is held to be invalid, the invalidity shall not
10   affect other provisions or applications of this article that can
11   be given effect without the invalid provision or application.
12   Section 3116-D.    Effect of dissolution.
13      The dissolution of a municipal corporation and the creation
14   of an unincorporated district shall not affect the municipal
15   corporation's classification as a municipality for purposes of
16   other laws.
17      Section 2.     The provisions of 53 Pa.C.S. Ch. 29 are repealed
18   to the extent that they are inconsistent with the provisions of
19   this act.
20      Section 3.     This act shall take effect immediately.




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