Ordinance on Municipal Mergers (OFus) - Scope of Application (FUSV)

1. This ordinance regulates the financial participation of the canton in merger projects of municipalities.

2. There is no legal entitlement to receive financial aid.

1. A special fund for the promotion of municipal mergers shall be established.

2. The fund shall be endowed with grants from the ordinary budget.

3. If necessary, refinancing of the fund is permitted.

1. The new municipality resulting from the merger shall receive a one-time financial aid, which shall be definitively determined by the Grand Council when it approves the merger or the merger agreement.

2. The financial aid shall generally be granted in the year following the entry into force of the merger, within the framework of the funds established. In the event of a shortage of the fund, the Grand Council may provide for staggered payments over four years.

1. The financial assistance for municipal mergers is calculated for each individual municipality based on the permanent resident population according to the latest official statistics, established prior to the approval of the merger by the Grand Council

a) up to and including 100 inhabitants: 300,000 francs;

b) additionally from 101 to 500 inhabitants: 500 francs per inhabitant (maximum 500,000 francs);

c) additionally from 501 to 1,000 inhabitants: 400 francs per inhabitant (maximum 700,000 francs);

d) additionally from 1,001 to 2,000 inhabitants: 100 francs per inhabitant (maximum 800,000 francs);

e) additionally from 2,001 to 5,000 inhabitants: 33 1/3 francs per inhabitant (maximum 900,000 francs);

f) additionally from 5,001 to 10,000 inhabitants: 20 francs per inhabitant (maximum 1,000,000 francs);

g) additionally, from 10,000 inhabitants: 10 francs per inhabitant.

1. If the population of the merged municipality exceeds 500 inhabitants, it is granted additional assistance as follows

a) 300 francs per inhabitant for the first 1,000 inhabitants (maximum of 300,000 francs);

b) an additional 600 francs per inhabitant between 1,001 and 1,500 inhabitants (maximum of 600,000 francs);

c) an additional 800 francs per inhabitant between 1,501 and 2,000 inhabitants (maximum of 1,000,000 francs);

d) 1,000,000 francs for the merged municipality with more than 2,000 inhabitants.

1. In consideration of special cases, the Grand Council may also reduce the overall assistance granted to the new municipality.

1. If the merger involves more than three municipalities, the total amount of aid determined based on Article 4 shall be multiplied by the following coefficient

a) four municipalities: coefficient of 1.5;

b) five municipalities: coefficient of 1.75;

c) six municipalities: coefficient of 2; and so on up to 3.

1. Municipalities that intend to merge shall submit a request to the State Council for the assumption of the study costs.

2. The cost of the study shall be borne by the Canton up to a maximum of 30,000 francs per municipality.

3. Once a request for the assumption of the study costs has been submitted to the State Council, the Canton shall provide technical and legal support to the municipalities. All administrative offices may be required to participate.

4. The State Council may compel a municipality to participate in a merger study, particularly if this municipality is integrated into the merger concept approved by the State Council.

5. The municipalities shall send a copy of the study to the State Council.

1. Municipalities intending to merge can submit a formal request to the State Council before consulting the original assemblies.

2. In this case, the State Council issues a preliminary decision that includes the estimated amount of the canton’s financial assistance. This indicative amount does not bind the Grand Council.

1. In the case of successive mergers, the assistance granted based on Article 4 will be considered only once in twenty years. Nevertheless, municipalities that benefited from assistance according to Article 4 of the Regulation on Municipal Mergers of June 8, 2005, repealed on January 25, 2012, may request additional compensation in a new merger if the granted assistance is lower than that determined based on the present regulation.

1. This Regulation hereby repeals the regulation of the same name dated June 8, 2005.

1. This Regulation shall be published in the Official Gazette to enter into force simultaneously with the amendment of the Municipal Code dated September 15, 2011.