Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 2305. Adoption of ordinance or resolution.
(a) Ordinance or resolution.--A local government may enter into intergovernmental cooperation with or delegate any
functions, powers or responsibilities to another governmental unit, local government
or authority as defined in section 5602 (relating to definitions) upon the passage
of an ordinance or resolution by its governing body. If mandated by initiative and
referendum in the area affected, the local government shall adopt such an ordinance
or resolution.
(b) Compliance by authorities.--An authority as defined in section 5602 may not share or be delegated any function,
power or responsibility through an agreement under this subchapter unless the function,
power or responsibility is authorized by both the law under which the authority was
created and the powers or purposes of the authority contained within its articles
of incorporation.
(c) Council of governing bodies.--An intergovernmental agreement creating a council or consortium of governing bodies
or similar entity separate from the organizing governing bodies may not be entered
into unless by ordinance. A municipality may join an existing intergovernmental cooperation
agreement of other municipalities whereby such an entity was created by resolution
or by ordinance.
(Nov. 7, 2019, P.L.613, No.80, eff. 60 days)
2022 Editorial Change. The Legislative Reference Bureau made an editorial change by removing the comma after
"created" in subsec. (c).
Notes of Decisions
Commonwealth v. Hlubin, M., Aplt., 208 A.3d 1032 (Pa. 2019).
· cites it 4× “53 Pa.C.S. § 2305. Any such ordinance must include seven specific items of agreement: § 2307.”
Summit Twp. Indus. & Econ. Dev. Auth. v. Cnty. of Erie, 980 A.2d 191 (Pa. Commw. Ct. 2009).
· cites it 6× “First, 53 Pa.C.S § 2305 (Ordinance) provides A local government[ [19] ] may enter into intergovernmental cooperation with or delegate any functions, powers or responsibilities to another governmental unit or local government upon the passage of an ordinance by its governing body.”
Com. v. Eakin, S., 2024 Pa. Super. 222 (Pa. Super. Ct. 2024).
· cites it 2× “” 53 Pa.C.S. § 2305 (effective 1996-2020).1 Polk Borough properly passed an ordinance adopting the 2006 agreement, but Frenchcreek Township only entered a resolution to adopt the agreement.”
Com. v. Hlubin, M. (Pa. Super. Ct. 2016).
· cites it 3× “-7- J-A16002-16 53 Pa.C.S. § 2305 (emphasis added). § 2315.”
Com. v. Eakin, S. (Pa. Super. Ct. 2023).
· cites it 2× “T. Suppression, 8/27/21, at 68 (capitalization altered).”
Com. v. Mescolotto, L. (Pa. Super. Ct. 2014).
· cites it 2× “Whether the court erred by failing to apply the requirements of the Pennsylvania Municipal Law, namely 53 Pa.C.S. § 2305 and § 2315 requiring an ordinance to adopt any intergovernmental agreements.”
Commonwealth v. Hlubin, M., Aplt. (Pa. 2019).
“As noted, 3 See Commonwealth’s Brief at 17-18 (Commonwealth acknowledging that intergovernmental cooperation agreements are authorized by a municipality’s adoption of an ordinance and failure to do so renders an intergovernmental agreement void, and conceding evidence of an…”
Vuyanich v. Smithton Borough (W.D. Pa. 2023).
“53 Pa.C.S. § 2305. The ordinance of each municipal governing body must reflect its local control over the precise nature of the cooperation with the other municipalities, as it must include agreement with regard to duration, purposes and objectives, financing and the…”
— 53 Pa. Cons. Stat. § 2305(a) — 1 case
Com. v. Eakin, S., 2024 Pa. Super. 222 (Pa. Super. Ct. 2024).
“” 53 Pa.C.S. § 2305 (effective 1996-2020).1 Polk Borough properly passed an ordinance adopting the 2006 agreement, but Frenchcreek Township only entered a resolution to adopt the agreement.”
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