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Senate Bill 764 Printer's Number 820

PENNSYLVANIA, May 22 - (2) a new referendum ordered by a court under section

741(a.1) (relating to court review of transitional plan).

§ 741. Court review of transitional plan.

(a) General rule.--Except as provided in subsection (a.1) or

(b), after the approval of a referendum pursuant to section 736

(relating to conduct of referenda), any person who is a resident

of a municipality to be consolidated or merged may petition the

court of common pleas to order the appropriate municipal

governing bodies to:

(1) implement the terms of a transitional plan and

schedule adopted pursuant to section 734 (relating to joint

agreement of governing bodies) or 737 (relating to

consolidation or merger agreement); or

(2) adopt or amend a transitional plan or schedule if

the court finds that the failure to do so will result in the

unreasonable perpetuation of the separate forms and

classifications of government existing in the affected

municipalities prior to the approval of the referendum.

(a.1) Suspend implementation.--

(1) In the case of the approval of a referendum

initiated under section 735 (relating to initiative of

electors seeking consolidation or merger without new home

rule charter) or 735.1 (relating to initiative of electors

seeking consolidation or merger with new home rule charter),

the governing body of a municipality to be consolidated or

merged may petition the court of common pleas any time prior

to the effective date of the consolidation or merger by

resolution to find that, because of alleged or apparent

fraud, error or material loss impacting the finances of one

of the municipalities to be consolidated or merged that

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