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§ 11701.256. Exit plan

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: December 30, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 30E. Municipalities Financial Recovery Act (Refs & Annos)
Chapter 2. Municipal Financial Distress (Refs & Annos)
Subchapter C.1. Duration of Distressed Status (Refs & Annos)
Effective: December 30, 2014
53 P.S. § 11701.256
§ 11701.256. Exit plan
(a) General rule.--If recommended in a final report under section 255,1 the coordinator shall within 90 days of the public meeting referred to in section 255 or the filing of the final report under section 255(e)(4), whichever is later, prepare an exit plan for the municipality. The exit plan shall be subject to the same filing, notice, public meeting and revision procedures as specified in section 255.
(b) Contents of exit plan.--The exit plan prepared by the coordinator shall contain such elements as may be necessary to ensure termination of distressed status after three years, including, but not limited to:
(1) The sale, lease, conveyance, assignment or other use or disposition of the assets of the distressed municipality.
(2) Functional consolidation of or privatization of existing municipal services.
(3) The execution, approval, modification, rejection, renegotiation or termination of contracts or agreements of the distressed municipality, provided, however, that the provisions of section 2522 shall apply to any exit plan adopted in accordance with this subchapter.
(4) Changes in the form of municipal government or the configuration of elected or appointed municipal officials and employees as permitted by law.
(c) Adoption of plan.--
(1) Not later than 45 days following the coordinator's public meeting to hear comments on the exit plan, the municipal governing body shall enact an ordinance approving the implementation of the plan, including enactment of necessary related ordinances and revisions to ordinances.
(2) If the ordinance takes effect in a municipality operating under an optional plan form of government or a home rule charter, the chief executive officer shall issue an order directing the implementation of the plan no later than seven days from the enactment of the ordinance by the governing body.
(3) If the governing body fails to adopt and implement the plan, the secretary shall, upon a written determination by the coordinator, request that the Governor make a determination of a fiscal emergency in accordance with Chapter 6.3
(4) The requirements of this subsection shall be suspended if the coordinator first provides a recommendation to the secretary that the municipality should be disincorporated under Chapter 4.4

Credits

1987, July 10, P.L. 246, No. 47, § 256, added 2014, Oct. 31, P.L. 2983, No. 199, § 19, effective in 60 days [Dec. 30, 2014].

Footnotes

53 P.S. § 11701.255.
53 P.S. § 11701.252.
53 P.S. § 11701.601 et seq.
53 P.S. § 11701.431 et seq.
53 P.S. § 11701.256, PA ST 53 P.S. § 11701.256
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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