PENNSYLVANIA CONSTITUTION
ARTICLE IX
LOCAL GOVERNMENT
ART. IX §0 | ARTICLE IX INTRODUCTION
ART. IX §1 | LOCAL GOVERNMENT
Notes
Interpretation of Section.
Section 3 of Proposal No.6 of 1968 provided that the second sentence of section 1 shall be construed so as to be consistent with the jurisdiction of the Constitutional Convention.ART. IX §2 | HOME RULE
Amendments
Cross References.
Section 2 is referred to in section 13 of this article.ART. IX §3 | OPTIONAL PLANS
ART. IX §4 | COUNTY GOVERNMENT
County officers, except for public defenders who shall be appointed as shall be provided by law, shall be elected at the municipal elections and shall hold their offices for the term of four years, beginning on the first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies shall be filled in such a manner as may be provided by law.
County officers shall be paid only by salary as provided by law for services performed for the county or any other governmental unit. Fees incidental to the conduct of any county office shall be payable directly to the county or the Commonwealth, or as otherwise provided by law.
Three county commissioners shall be elected in each county. In the election of these officers each qualified elector shall vote for no more than two persons, and the three persons receiving the highest number of votes shall be elected.
Provisions for county government in this section shall apply to every county except a county which has adopted a home rule charter or an optional form of government. One of the optional forms of county government provided by law shall include the provisions of this section.
ART. IX §5 | INTERGOVERNMENTAL COOPERATION
ART. IX §6 | AREA GOVERNMENT
ART. IX §7 | AREA-WIDE POWERS
ART. IX §8 | CONSOLIDATION, MERGER OR BOUNDARY CHANGE
Uniform Legislation
The General Assembly shall, within two years following the adoption of this article, enact uniform legislation establishing the procedure for consolidation, merger or change of the boundaries of municipalities.Initiative
The electors of any municipality shall have the right, by initiative and referendum, to consolidate, merge and change boundaries by a majority vote of those voting thereon in each municipality, without the approval of any governing body.Study
The General Assembly shall designate an agency of the Commonwealth to study consolidation, merger and boundary changes, advise municipalities on all problems which might be connected therewith, and initiate local referendum.Legislative Power
Nothing herein shall prohibit or prevent the General Assembly from providing additional methods for consolidation, merger or change of boundaries.Notes
Interpretation of Section.
Section 3 of Proposal No.6 of 1968 provided that the first paragraph of section 8 on Uniform Legislation shall be construed so as to be consistent with the jurisdiction of the Constitutional Convention.ART. IX §9 | APPROPRIATION FOR PUBLIC PURPOSES
ART. IX §10 | LOCAL GOVERNMENT DEBT
Any unit of local government, including municipalities and school districts, incurring any indebtedness, shall at or before the time of so doing adopt a covenant, which shall be binding upon it so long as any such indebtedness shall remain unpaid, to make payments out of its sinking fund or any other of its revenues or funds at such time and in such annual amounts specified in such covenant as shall be sufficient for the payment of the interest thereon and the principal thereof when due.
ART. IX §11 | LOCAL REAPPORTIONMENT
ART. IX §12 | PHILADELPHIA DEBT
In ascertaining the debt-incurring capacity of the City of Philadelphia at any time, there shall be deducted from the debt of said city so much of such debt as shall have been incurred, or is about to be incurred, and the proceeds thereof expended, or about to be expended, upon any public improvement, or in construction, purchase or condemnation of any public utility, or part thereof, or facility therefor, if such public improvement or public utility, or part thereof, or facility therefor, whether separately, or in connection with any other public improvement or public utility, or part thereof, or facility therefor, may reasonably be expected to yield revenue in excess of operating expenses sufficient to pay the interest and sinking fund charges thereon. The method of determining such amount, so to be deducted, shall be as now prescribed, or which may hereafter be prescribed by law.
In incurring indebtedness for any purpose the City of Philadelphia may issue its obligations maturing not later than 50 years from the date thereof, with provision for a sinking fund to be in equal or graded annual or other periodical installments. Where any indebtedness shall be or shall have been incurred by said City of Philadelphia for the purpose of the construction or improvement of public works or utilities of any character, from which income or revenue is to be derived by said city, or for the reclamation of land to be used in the construction of wharves or docks owned or to be owned by said city, such obligations may be in an amount sufficient to provide for, and may include the amount of the interest and sinking fund charges accruing and which may accrue thereon throughout the period of construction, and until the expiration of one year after the completion of the work for which said indebtedness shall have been incurred.
No debt shall be incurred by, or on behalf of, the County of Philadelphia.
ART. IX §13 | ABOLITION OF COUNTY OFFICES IN PHILADELPHIA
(b) Local and special laws, regulating the affairs of the City of Philadelphia and creating offices or prescribing the powers and duties of officers of the City of Philadelphia, shall be valid notwithstanding the provisions of section 32 of Article III of this Constitution.
(c) All laws applicable to the County of Philadelphia shall apply to the City of Philadelphia.
(d) The City of Philadelphia shall have, assume and take over all powers, property, obligations and indebtedness of the County of Philadelphia.
(e) The provisions of section 2 of this article shall apply with full force and effect to the functions of the county government hereafter to be performed by the city government.
(f) Upon adoption of this amendment all county officers shall become officers of the City of Philadelphia, and until the General Assembly shall otherwise provide, shall continue to perform their duties and be elected, appointed, compensated and organized in such manner as may be provided by the provisions of this Constitution and the laws of the Commonwealth in effect at the time this amendment becomes effective, but such officers serving when this amendment becomes effective shall be permitted to complete their terms.
ART. IX §14 | DEFINITIONS
"Initiative" means the filing with the applicable election officials at least 90 days prior to the next primary or general election of a petition containing a proposal for referendum signed by electors comprising 5% of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality or area affected. The applicable election official shall place the proposal on the ballot in a manner fairly representing the content of the petition for decision by referendum at said election. Initiative on a similar question shall not be submitted more often than once in five years. No enabling law shall be required for initiative.
"Referendum" means approval of a question placed on the ballot, by initiative or otherwise, by a majority vote of the electors voting thereon.
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