[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 5-5-1980 by Ord. No. 2-1980. Amendments noted where applicable.]
A.
The
Towanda Municipal Authority was constituted pursuant to an ordinance
enacted by the Borough Council of the Borough of Towanda approved
the 14th day of April 1950, and Articles of Incorporation were filed
pursuant thereto with the Secretary of the Commonwealth of Pennsylvania
and approved by the Department of State on the 18th day of April 1950.
B.
Pursuant
to a resolution of this Council, the Borough of Towanda entered into
a sewer system purchase agreement, the other parties to which are
the Towanda Municipal Authority, Township of North Towanda and the
North Towanda Sewer and Water Authority.
C.
The
sewer system purchase agreement above recited does provide in Paragraph
4 thereof that the Towanda Municipal Authority shall be reconstituted
pursuant to Section 3.1 of the Municipality Authorities Act of 1945,
as amended, 53 P.S. § 304,[1] to become a joint municipal authority having as its member
municipalities the Borough of Towanda and the Township of North Towanda.
[1]
Editor's Note: Said act was repealed 6-19-2001 by P.L. 287,
No. 22; see now 53 Pa.C.S.A. § 5601 et seq.
D.
The
sewer system purchase agreement above recited does further provide
in Paragraph 4 that the Board of the Towanda Municipal Authority shall
consist of six members, five of whom shall be the existing members
whose terms shall be for five years each, which shall expire as presently
constituted and who shall represent the Borough of Towanda. The sixth
member shall represent the Township of North Towanda and shall have
a term of five years, and the initial term shall expire five years
from January 1, 1980.
E.
The
Borough Council desires to enact an ordinance pursuant to Section
3.1 of the Municipal Authority's Act of 1945, as amended,[2] expressing its consent to the reconstitution of the Authority
as a joint municipal authority as aforesaid.
[2]
Editor's Note: Said act was repealed 6-19-2001 by P.L. 287,
No. 22; see now 53 Pa.C.S.A. § 5601 et seq.
The Borough Council of the Borough of Towanda does hereby express
its consent to the reconstitution of the Towanda Municipal Authority
as a joint municipal authority having as member municipalities the
Borough of Towanda and the Township of North Towanda.
The name of the reconstituted Authority shall be "Towanda Municipal
Authority."
The President of the Borough Council, Mayor and Secretary of
the Borough are hereby authorized and directed to execute on behalf
of the Borough of Towanda amended Articles of Incorporation for the
Towanda Municipal Authority, providing, among other things, for the
following changes in the Articles of Incorporation of said Authority:
A.
The
name of the Authority shall be "Towanda Municipal Authority."
C.
The
names of the incorporating municipalities of the reconstituted Authority
shall be the Borough of Towanda and the Township of North Towanda.
The municipal authorities of the Borough of Towanda are the Mayor,
President of Borough Council, Secretary and Councilmen of the Borough
of Towanda, and the municipal authorities of the Township of North
Towanda are the members of the Board of Supervisors and Secretary
of said Township.
D.
The
Board of the reconstituted Authority shall consist of six members,
five of whom shall represent the Borough of Towanda, shall be the
same persons presently holding office as members of the Board of the
Towanda Municipal Authority and shall have terms of five years each
which shall expire as presently provided for the present members of
the Board of the Authority. The sixth member of the Board of the reconstituted
Authority shall represent the Township of North Towanda, shall be
appointed by the Board of Supervisors of North Towanda and shall have
a term of five years, and the initial term shall expire five years
from January 1, 1980.
E.
The
term of existence of the Authority shall be increased to the date
which shall be 50 years from the approval of those Articles of Amendment
by the Secretary of State of the Commonwealth of Pennsylvania.
[Added 2-9-2004 by Ord. No. 3-2004]
This chapter shall be effective upon the passage of appropriate
resolutions or ordinances by the Board of the Towanda Municipal Authority
and the Board of Supervisors of the Township of North Towanda approving
the reconstitution of the Towanda Municipal Authority as a joint authority
by jointure therein of the Township of North Towanda.