Municipal Merger Act (GvG) - Terms (GvG)

1. In this section, the following terms mean

a) involved municipality: the municipality included in the merger process and the merger itself;

b) merged municipality: the new municipality after the completion of the merger.

1. The citizens' assemblies of the involved municipalities decide in a fundamental vote on the initiation of the merger procedure.

2. The fundamental vote is conducted

a) upon a concordant resolution of the councils of the involved municipalities. In municipalities with a parliament, the parliament decides;

b) after the establishment of identical initiatives in the involved municipalities.

1. The councils of the participating municipalities jointly develop a project plan.

1. If the involved municipalities agree to the initiation of the unification procedure, the councils shall agree on the unification resolution.

2. The unification resolution is subject to a mandatory referendum in the involved municipalities.

1. The Union Resolution regulates the following for the unified municipality, in particular

a) Name, organizational form, and coat of arms;

b) Schedule for the union and the date of establishment;

c) Execution of pending resolutions of the communities involved;

d) The transfer of administrative offices, non-independent public enterprises, and personnel.

1. The competent department approves the merger resolution.

1. The Constituting Council is composed of members of the councils of the participating municipalities in accordance with the decision of union. The decision of union may provide that the council of the united municipality shall replace the Constituting Council.

2. The Constituting Council elects the chairwoman or chairman from among its members and the secretary.

3. The provisions of the Municipal Act of August 23, 1979, concerning the council are applied accordingly.

1. The Constituting Council

a) directs the unification process;

b) implements the unification resolution, insofar as the councils of the participating municipalities are not responsible;

c) informs the public about the unification process;

d) presents to the citizenry of the unified municipality

1. the municipal code;

2. * the budget for the first fiscal year;

e) conducts the election of the council and the audit committee or of the council and the municipal parliament of the unified municipality.

1. If the united municipality is organized as a municipality with a citizens' assembly, its municipal code shall be enacted for an indefinite period.

2. The citizenship of the united municipality shall decide on the municipal code at the constituent citizens' assembly.

1. If the united municipality is organized as a municipality with a parliament, a provisional municipal code shall be enacted, which will be applied until the commencement of enforcement of a municipal code adopted by the newly elected parliament, but no longer than four years after the establishment of the united municipality.

2. The citizenry of the united municipality shall decide by ballot on the provisional municipal code.

3. The parliament of the united municipality shall present a municipal code to the citizenry as soon as possible after its constitution.

1. The merged municipality is the legal successor of the participating municipalities.

2. The assets and liabilities of the participating municipalities, including real estate, limited real rights, as well as registered and noted legal relationships, are transferred to the merged municipality at the time of its formation.

1. Anyone who holds the citizenship of a participating municipality shall, upon the union, acquire the citizenship of the merged municipality.

1. If participating municipalities are members of a special-purpose association that also includes non-participating municipalities, the participating municipalities and the special-purpose association shall regulate future membership in the association. In case of disagreement, the government shall decide.

1. Independent Public Law Entities of a Participating Municipality shall remain in existence after the merger, if they are not dissolved by the participating municipality prior to the merger.

1. Regulations and agreements of the participating municipalities shall be applied in the existing municipal territories until the commencement of new regulations by the united municipality.

2. The united municipality shall adapt the regulations and agreements of the participating municipalities within three years of its establishment, unless it enacts its own regulations and concludes agreements within the same period.

3. The competent department may extend the deadline in individual cases if

a) there are important reasons;

b) it is impossible to adapt within the deadline.

1. The government declares the establishment of the union.

2. It requests the cantonal council to adjust the legal provisions regarding the number and names of the political municipalities.

1. The canton promotes the merger of political municipalities when the merged municipality is capable of fulfilling its tasks overall in a more efficient, economical, and effective manner.

2. The merged municipality fulfills its tasks

a) efficiently, if it provides and finances its services independently;

b) economically, if it provides the services with the least possible resource expenditure;

c) effectively, if it

1. possesses the suitable means for service provision;

2. achieves a high benefit with its services in accordance with the public interest.

1. The canton may provide

a) Project contributions;

b) Debt relief contributions;

c) Contributions for merger-related additional expenses;

d) Start-up contributions.

2. The contributions are assured in accordance with the credits granted by the cantonal parliament.

3. Start-up contributions are not counted as income when determining financial equalization contributions.

1. The government provides the involved municipalities, upon a joint request from their councils, with a preliminary decision, in which it specifies the amount of contributions anticipated in the proposal to the Cantonal Council.

2. The preliminary decision does not prejudice the resolutions of the Cantonal Council.

1. A contribution of up to 50 percent of the eligible expenses may be granted to the participating municipality towards the project costs.

2. Eligible expenses include the additional personnel and material costs incurred by the participating municipality due to the project, insofar as they are necessary and reasonable.

1. A debt relief contribution may be granted to the participating municipality.

2. In the assessment, particular consideration is given to the tax capacity and the financial situation. If a unified municipality is formed at the same time, the financial situation of the school municipality is also taken into account in the assessment.

3. ...

4. The debt relief contribution is recorded in the first stage of the income statement. It is not considered for the net expenditure relevant for financial equalization of the first stage of the income statement.

1. The merged municipality may be granted a contribution towards the additional expenses directly resulting from the merger. This contribution shall amount to a maximum of 50 percent.

2. Particularly eligible for consideration are the expenses for infrastructure adjustments as well as social measures in favor of staff and members of authorities. For determining the contribution, only the necessary and reasonable expenses shall be considered.

1. A start-up contribution can be granted to the merged municipality.

2. The merged municipality allocates the start-up contribution into a start-up contribution reserve in the equity through the second stage of the income statement. The start-up contribution reserve is dissolved over the second stage of the income statement within five years.

3. The start-up contribution is recorded in the first stage of the income statement. It is not considered for the net expenditure relevant for financial equalization in the first stage of the income statement.

1. The canton promotes the merger of school communities.

2. The provisions of this decree regarding promotion shall be applied appropriately. No initial contributions shall be granted.

1. In this section, the following terms mean

a) involved municipality: the municipality included in the procedure;

b) transferring municipality: the municipality from which the part is detached;

c) receiving municipality: the municipality into which the part is incorporated;

d) new municipality: the municipality that is formed from the part of the transferring municipality.

1. The Process of Separating a Part of a Municipality for the Purpose of Merger with a Receiving Municipality is Initiated

a) by a concordant resolution of the councils of the municipalities involved. In municipalities with a parliament, the parliament decides;

b) upon the establishment of identical initiatives in the municipalities involved.

1. The councils of the involved municipalities agree upon the separation and admission resolution.

2. The separation and admission resolution is subject to a mandatory vote in the involved municipalities.

1. The Separation and Admission Decree determines the area of the municipal section and regulates in particular

a) the timing of separation and admission;

b) the rights and obligations transferred to the receiving municipality;

c) the transfer of assets and archives to the receiving municipality;

d) any monetary and in-kind contributions to be made between the involved municipalities.

1. The council of the receiving political municipality and the council of the local corporation, whose area extends into the detached part of the transferring municipality, agree to perform the corporation's duties in the area of the receiving municipality for a maximum of three years after the municipality part is incorporated.

2. The agreement is exempt from the optional referendum.

1. The council of the receiving political municipality and the council of the school municipality, whose district extends into the separated part of the municipality in the transferring municipality, agree on fulfilling the tasks of the school municipality in the area of the receiving municipality for a maximum of three years after the incorporation of that part of the municipality.

2. The agreement is exempt from the optional referendum.

1. The Competent Department

a) approves the resolution of separation and incorporation;

b) approves the agreement between the political municipality and the local corporation or school municipality regarding the fulfillment of tasks in the territory of the receiving municipality;

c) determines the establishment of the separation and incorporation of the municipal part.

1. The Procedure for the Separation of a Part of a Municipality to Form a New Municipality is Initiated

a) by resolution of the council of the transferring municipality. In municipalities with a parliament, the parliament decides;

b) after an initiative has been successfully established.

1. The citizenry resolves, upon the proposal of the council, in municipalities with a parliament, upon the proposal of the parliament, through a mandatory vote on the resolution for separation and establishment.

2. The resolution for separation and establishment becomes legally valid if it is approved by the voters of the area remaining in the giving municipality and by the voters of the municipal part forming the new municipality.

**1. The Severance and Formation Resolution**

The Severance and Formation Resolution specifies the territory of the municipal district and particularly regulates for the new municipality

a) the name, organizational form, and coat of arms;

b) the timeline for the severance and the date of establishment;

c) the rights and obligations transferring to it;

d) the implementation of pending resolutions of the citizenship of the transferring municipality;

e) the transfer of assets and archives;

f) the provision of administrative personnel and facilities from the transferring municipality;

g) the transfer of administrative offices, dependent public law entities, and personnel;

h) the transition of independent public law entities.

1. The competent department approves the resolution on separation and establishment.

1. The Constituting Council shall consist of at least five members who are entitled to vote in the community section designated for the formation of the new municipality. The resolution for unification may provide that the council of the united municipality replaces the Constituting Council.

2. The Constituting Council shall elect a chairperson and a secretary from among its members.

3. The provisions of the Municipal Act of August 23, 1979, regarding the council shall be applied accordingly.

1. The eligible voters of the municipal section designated for the formation of the new municipality elect the Constituting Council.

2. The election takes place simultaneously with the vote on the resolution to separate and establish. It becomes effective with the legal validity of the resolution to separate and establish.

1. The Constituting Council

a) directs the establishment process;

b) enacts the resolution for separation and establishment together with the council of the transferring municipality. In case of disagreement, the competent department decides;

c) informs the public about the establishment process;

d) submits to the citizenry of the new municipality

1. the municipal charter;

2.* the budget for the first fiscal year;

e) conducts the election of the council and the audit commission, or of the council and the municipal parliament.

1. If the new municipality is organized as a municipality with a citizens' assembly, its municipal code shall be enacted for an indefinite period.

2. The citizenry of the new municipality shall decide on the municipal code at the constituent citizens' assembly.

1. If the new municipality is organized as a municipality with a parliament, a provisional municipal constitution shall be enacted, which will be applied until the commencement of enforcement of a municipal constitution adopted by the newly elected parliament, but no more than four years after the establishment of the new municipality.

2. The citizenry of the new municipality shall decide at the polls on the provisional municipal constitution.

3. The parliament of the new municipality shall submit a municipal constitution to the citizenry as soon as possible after its constitution.

1. Any person who holds citizenship of the transferring municipality and resides in the new municipality shall acquire the citizenship of the new municipality upon its establishment and shall lose the citizenship of the transferring municipality.

1. The new municipality shall become a member of the special-purpose association to which the transferring municipality belongs, unless it refrains from joining by a resolution of the Constitutive Council.

2. The special-purpose association and the involved municipalities shall regulate the rights and obligations of the involved municipalities

a) arising from the membership of the transferring and the new municipality;

b) arising from the non-membership of the new municipality.

3. In case of disagreement, the competent department shall decide.

1. The Constituting Council of the political municipality and the council of the local corporation, whose area extends into the separated part of the municipality within the transferring municipality, agree to fulfill the corporation's tasks in the area of the new municipality for a maximum of three years after the establishment of the new municipality.

2. The agreement is exempt from the optional referendum.

3. It requires the approval of the competent department.

1. The Constituting Council of the political municipality and the Council of the school municipality, whose territory extends into the separated municipal part within the transferring municipality, agree to fulfill the duties of the school municipality within the territory of the new municipality for a maximum of three years after the establishment of the new municipality.

2. The agreement is exempt from the optional referendum.

3. It requires the approval of the competent department.

1. Regulations and Agreements of the Transferring Municipality shall be applied in the New Municipality until the enactment of its own regulations and agreements.

2. The New Municipality shall adapt the regulations and agreements of the transferring municipality within three years of its establishment, unless it enacts its own regulations and concludes agreements within the same period.

3. The competent department may extend the deadline in individual cases if

a) important reasons exist;

b) adaptation within the deadline is impossible.

1. The competent department, or in the case of involvement of political municipalities, the government, determines the establishment of the separation of the municipal part for the formation of a new municipality.

2. If a new political municipality has been created, the government requests the cantonal council to amend the legal provisions concerning the number and names.

1. The competent department dissolves special municipalities that no longer fulfill tasks of public interest.

2. It decides on

a) the legal succession of the municipality to be dissolved;

b) the transfer of assets and liabilities. Properties, limited real rights, as well as registered and pending legal relationships transfer to the legal successor at the time of dissolution of the special municipality;

c) the handover of the archive.

1. The competent department dissolves a local citizens' corporation if the local community to which it belongs has been dissolved.

2. It dissolves a local citizens' corporation existing as a property community of several local communities if all the forming local communities have been dissolved.

3. Article 47, paragraph 2 of this decree is applied accordingly.

1. The special municipality may transfer the tasks of another special municipality through a legislative agreement and decide on its dissolution.

2. The citizenry of the special municipality that is transferring its tasks shall decide on the agreement by mandatory vote.

1. The canton may provide project contributions. They are pledged in accordance with the credits granted by the Cantonal Council.

2. Article 20 of this decree shall be applied accordingly.

1. The special municipality to which the responsibilities are transferred is the legal successor of the dissolved special municipality.

2. It assumes

a) Assets and liabilities. Real estate, limited real rights, as well as registered and noted legal relationships, are transferred to the legal successor at the time of dissolution;

b) The archives of the special municipality.

1. The competent department

a) approves the agreement;

b) establishes the dissolution of the special municipality.

1. The political municipality and the school municipality may agree on the incorporation of the school municipality into the political municipality.

2. The citizenship of the school municipality decides on the agreement through a mandatory vote.

3. If the school municipality extends over multiple political municipalities, the agreement requires the consent of all political municipalities.

1. The Cantonal Council may decide on the incorporation of a school district if the incorporation is necessary in the interest of efficient use of resources or effective fulfillment of duties.

1. The canton may provide project contributions. They are granted based on the credits approved by the Cantonal Council.

2. Article 20 of this enactment shall be applied accordingly.

1. The political municipality is the legal successor of the dissolved school district.

2. It assumes

a) Assets and liabilities. Real estate, limited real rights, as well as pre-registered and annotated legal relationships transfer to the legal successor at the time of incorporation;

b) the archives of the school district.

3. The agreement designates the political municipality acting as the legal successor when the school district extends over multiple political municipalities.

1. Political Municipality and Local Corporation may agree on the incorporation of the Local Corporation into the Political Municipality or the transfer of the responsibilities of the Local Corporation to another legal entity. The citizenry of the Local Corporation decides by mandatory vote on the agreement.

2. The Political Municipality may, if justified by significant public interests, incorporate the Local Corporation by resolution.

3. If the Local Corporation extends over multiple Political Municipalities, the agreement or resolution requires the consent of all Political Municipalities involved.

1. The canton may provide project contributions. They are pledged in accordance with the credits granted by the Cantonal Council.

2. Article 20 of this decree shall be applied accordingly.

1. The political municipality is obliged to incorporate if the citizenry of a local corporation decides on dissolution.

2. If the local corporation extends over several political municipalities, it will be incorporated into the political municipality that counts the most eligible voters of the local corporation.

1. The political municipality or another legal entity is the legal successor of the local corporation. It assumes

a) Assets and liabilities. Properties, limited real rights, as well as pre-registered and annotated legal relationships, are transferred to the legal successor at the time of incorporation;

b) the archive of the local corporation.

2. If the local corporation extends over several political municipalities, the political municipality which accounts for the most eligible voters of the local corporation is the legal successor.

1. A local civil corporation may be incorporated by agreement into

a) the local municipality;

b) another local civil corporation, if it belongs to the same local municipality and serves the same or a similar purpose;

c) the church municipality or a church corporation, if the local civil corporation comprises citizens of the same denominational confession.

2. The citizens of the local civil corporation shall decide on the agreement by mandatory vote.

1. The canton may provide project contributions. They are pledged in accordance with the credits granted by the Cantonal Council.

2. Article 20 of this decree shall be applied accordingly.

1. The incorporating municipality is the legal successor of the local civic corporation.

2. It assumes

a) Assets and liabilities. Real estate, limited rights in rem, as well as registered and annotated legal relationships are transferred to the legal successor at the time of incorporation;

b) the archive of the local civic corporation.

1. The Competent Department

a) approves the agreement;

b) determines the dissolution of the municipality.

1. A municipality that was formed by merger within the five years prior to the commencement of this decree may request a contribution for the additional expenses incurred due to the merger as provided for in Article 22 of this decree.

2. It shall submit the request within one year from the commencement of this decree.

1. The government determines the commencement of this decree's enforcement.