11 Pa.C.S. Ch. 102

in effect

11 Pa.C.S. § 10200 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Incorporation resolution." A resolution to submit at a general or municipal election a referendum question to the registered voters of a municipal corporation. "Municipal corporation." A borough, a township of the first class, a township of the second class or an incorporated town. "Referendum question." The question of whether a municipal corporation shall become incorporated as a city of the third class to be known as the "City of ........................."

11 Pa.C.S. § 10201 Creation of cities.

A city shall be chartered as follows: (1) A single municipal corporation having a population of at least 10,000 according to the last preceding United States census may be incorporated as a city in accordance with this chapter if a majority of the registered voters in the municipal corporation cast an affirmative vote in favor of the referendum question. (2) Two or more contiguous municipal corporations having a combined population of at least 10,000 according to the last preceding United States census may, under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger), incorporate as a city and determine whether the newly incorporated city shall be governed by this part and other general laws applicable to and governing cities.

11 Pa.C.S. § 10203.1 Incorporating resolution.

(a) Governing body.--The governing body of a municipal corporation may adopt an incorporation resolution. (b) Petition.--If at least 200 registered voters of a municipal corporation petition the governing body of the municipal corporation for the adoption of an incorporation resolution, the governing body shall adopt the incorporation resolution.

11 Pa.C.S. § 10204 Resolution certification and form.

The governing body of a municipal corporation that adopts an incorporation resolution shall certify the incorporation resolution to the county board of elections of each proper county. The county board of elections shall, at the general or municipal election in the manner required by the Pennsylvania Election Code, submit a referendum question to the registered voters of the municipal corporation that has certified an incorporation resolution.

11 Pa.C.S. § 10204.1 Notice of election.

Notice of the election at which registered voters of a municipal corporation will be voting on a referendum question shall be given by the secretary or other person designated by the municipal corporation. The notice required under this section shall be published once a week for four successive weeks in a newspaper of general circulation in the municipal corporation in which the referendum question will be submitted to the registered voters. Cross References. Section 10204.1 is referred to in sections 10206, 10207 of this title.

11 Pa.C.S. § 10205 Returns of election.

In each county in which a referendum question is submitted to the registered voters of a municipal corporation, the county board of elections shall return the vote cast on the referendum question to the following: (1) The clerk of the court for the county. (2) The governing body of the municipal corporation in which registered voters voted on a referendum question. (3) If a majority of the votes cast by the registered voters of the municipal corporation are in favor of incorporating as a city, the Secretary of the Commonwealth and the Department of Community and Economic Development.

11 Pa.C.S. § 10206 Vote against incorporating as city.

If the returns of an election under section 10204.1 (relating to notice of election) show that a majority of registered voters in a municipal corporation voted "no" on the referendum question, further proceedings may not occur, and another election on the referendum question may not be held in the municipal corporation until the third ensuing general or municipal election.

11 Pa.C.S. § 10207 Letters patent and boundaries.

If the returns of an election under section 10204.1 (relating to notice of election) show that a majority of registered voters in a municipal corporation voted "yes" on the referendum question, within 60 days after the election, the governing body of the municipal corporation shall furnish to the Secretary of the Commonwealth the necessary information with respect to the boundaries of the new city, and the Governor shall issue letters patent, under the Great Seal of the Commonwealth, reciting the facts, defining the boundaries of the city and constituting the city as a body corporate and politic by the name of the "City of........................."

11 Pa.C.S. § 10208 Property of entities vested in city.

The property and estates of the municipal corporations which have become a city in accordance with this chapter are severally and respectively vested in the corporation or body politic of the city for the use and benefit of the citizens of the city.

11 Pa.C.S. § 10209 Temporary preservation and city organization.

(a) Existing government.--The government of the municipal corporation shall continue in full force and operation until the first Monday of January next succeeding the municipal election under section 10702 (relating to first elections in newly created cities). On the first Monday of January next succeeding the municipal election under section 10702, the officers of the city chosen at the municipal election shall begin their terms of service, and the city government shall be organized under this part. (b) Service.--If, in the organization of the city government of a newly incorporated city, an individual is appointed by council to an office which, under this part, has a definite term and a definite time for the election of an individual to the office, the individual appointed shall serve only for the time intervening between the individual's appointment and the day set under this part for the regular election or appointment of the officer for a full term.

11 Pa.C.S. § 10210 Existing liabilities, debts and claims.

If a municipal corporation is incorporated as a city in accordance with this part, the following shall apply: (1) Each suit, prosecution, debt and claim shall be transferred to the newly incorporated city. (2) Each pending suit involving the municipal corporation shall be under the management and control of the newly incorporated city which shall be substituted as a party in the suit. (3) Each valid claim and demand existing against the municipal corporation shall be enforceable against the city. (4) Each bond and floating indebtedness and the interest on a bond and floating indebtedness existing at the time a municipal corporation became incorporated as a city in accordance with this part must be paid by the newly incorporated city in a manner that taxes are uniform throughout the territorial limits of the whole city.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026