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Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.435. Powers and duties of municipality

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) General rule.--After the review of the court of common pleas resulting in a decree under section 433(e),   1 but not less than 30 days before the date set by the administrator for disincorporation to take effect, the governing body of the municipality shall:

(1) Enact a budget in the municipality's projected final year that funds the municipality's functions until the date of disincorporation and provides for the payment of every current obligation of the municipality before the date of disincorporation.  All remaining municipal funds as of the date of disincorporation shall be transferred to the municipality's restricted account.

(2) Provide for the transfer and administration of any municipal pension obligation to a private or public pension fund.  Nothing in this paragraph shall be construed to authorize a modification of the pension benefits due to any current or past employee of the municipality.

(3) Provide for the appointment of the district advisory committee to assist the administrator after the disincorporation of the municipality.

(b) Corporate powers reserved.--After the review of the court of common pleas resulting in a decree under section 433(e) until the date of disincorporation, the governing body shall retain all corporate powers otherwise authorized by law, except that it shall not take any action inconsistent with the administrator's plan for disincorporation.

(c) Establishment of governing standards for district.--

(1) The governing body of the municipality may adopt recommended governing standards which may be included by the administrator in the essential services plan as the governing standards of the district.

(2) If the governing body adopts recommended governing standards, the following shall apply:

(i) No later than 30 days following a decree of the court of common pleas under section 433(e), the governing body shall provide written notice to the administrator that the governing body intends to adopt an ordinance containing recommended governing standards for the inclusion in the essential services plan.

(ii) No later than 60 days following the notice provided under subparagraph (i), the governing body shall adopt an ordinance containing recommended governing standards for inclusion in the essential services plan.  The ordinance may incorporate, by reference, any previously enacted ordinance of the municipality.

(d) Powers of district advisory committee authorized.--After the review of the court of common pleas resulting in a decree under section 433(e) but prior to the date of disincorporation, in addition to the powers provided for under this subchapter, the governing body of the municipality may advise the administrator in the manner provided for the district advisory committee under Subchapter D   2 in the formation and amendment of the essential services plan.

1  53 P.S. § 11701.433.
2  53 P.S. § 11701.441 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.435. Powers and duties of municipality - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-11701-435/

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