[HISTORY: Adopted by the Borough Council
of the Borough of Kutztown: Art. I, 8-7-1962 as Ord. No. 5-1962.
Amendments noted where applicable.]
[Adopted 8-7-1962 as Ord. No. 5-1962]
The Borough Council of the Borough of Kutztown,
Berks County, Pennsylvania, hereby signifies its intention and desire
to organize an Authority under the provisions of the Municipality
Authorities Act of 1945, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The President and Secretary of the Borough Council
of the Borough of Kutztown, together with the Mayor, are hereby authorized
and directed to execute, on behalf of the Borough of Kutztown, Articles
of Incorporation for said Authority in substantially the following
form.[1]
[1]
Editor's Note: The Articles of Incorporation
are on file in the office of the Borough Manager and may be inspected
during regular office hours.
The President and Secretary of the Borough Council
of the Borough of Kutztown are further directed to cause notice of
the substance of this Article, including the substance of the above
Articles of Incorporation and of the proposed filing of the above
Articles of Incorporation, to be published once in a newspaper published
and of general circulation in the County of Berks and in the Berks
County Law Journal as required by the Municipality Authorities Act
of 1945.
The President and Secretary of the Borough Council
of the Borough of Kutztown are directed to file said Articles of Incorporation,
together with the necessary proofs of publication, with the Secretary
of the Commonwealth of Pennsylvania and to do all other things necessary
or appropriate to effect the incorporation of the Kutztown Municipal
Authority, including the payment of any filing fees in connection
therewith.
The following named persons be and hereby are
appointed as members of the initial Board of said Authority.[1]
[1]
Editor's Note: The list of appointed members
is on file in the office of the Borough Manager.
[Added 8-10-1999 by Ord. No. 10-1999]
A.Â
The Council of the Borough of Kutztown hereby adopts
and approves the amendment to the Articles of Incorporation of the
Kutztown Municipal Authority as proposed by the resolution, duly certified
by the Chairman or Vice Chairman and Secretary or Assistant Secretary,
as appropriate, of the Kutztown Municipal Authority, which has been
submitted to the Council of this borough.
B.Â
The amendment to the Articles of Incorporation of
the Kutztown Municipal Authority, which is hereby adopted and approved,
shall be substantially in the form presented to this Council and shall
contain the following new Paragraph 8 to be added to said Articles
of Incorporation:[1]
[1]
Editor's Note: The text of the amendment is
on file in the office of the Borough Manager, as is Res. No. 8-2017,
adopted 7-18-2017, which further amends the Articles of Incorporation.
C.Â
The proper officers of the Kutztown Municipal Authority
are hereby authorized to execute, verify and file appropriate Articles
of Amendment with the Secretary of the Commonwealth of Pennsylvania
and to take all other action and to do all other things which may
be necessary in order to accomplish the amendment of the Articles
of Incorporation of the Kutztown Municipal Authority in the manner
herein adopted and approved.
[Adopted 8-8-2000 by Ord. No. 5-2000]
It is the intent of the Borough of Kutztown,
Berks County. Pennsylvania (the "borough"). to organize an authority
under Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities
Act of 1945," 53 P.S. § 301, et seq.. as hereafter amended,
supplemented, modified or reenacted by the General Assembly of the
Commonwealth of Pennsylvania (the "Act").
The name of the Authority shall be the "Kutztown
Transportation Authority" (the "Authority").
Pursuant to Section 4.A.(c) of the Act, the
borough hereby specifies that the project to be undertaken by the
Authority is the acquisition, ownership. use, management, operation,
leasing, maintenance, improvement and financing of that certain line
of railroad and certain properties appurtenant thereto known as the
"Kutztown Industrial Track (USRA line No. 910)" in Berks County, Commonwealth
of Pennsylvania, between milepost 0.17 at Topton and milepost 4.29
at Kutztown.
The proposed Articles of Incorporation of the
Authority are as follows.[1]
[1]
Editor's Note: The Articles of Incorporation
are on file in the office of the Borough Manager and may be inspected
during regular office hours.
The officers of the borough are authorized and
directed to execute under the Official Seal of the Borough the Articles
of Incorporation of the proposed Authority in substantially the same
form as set forth in this article, and such officers are authorized
to do all acts necessary or appropriate to effect the incorporation
of the Authority.
If any sentence, clause, section or part of
this article is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections or parts of this article. It is hereby declared as the intent
of the Borough Council of the Borough of Kutztown that this article
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
