[Ord. 11/13/1950A, § 1]
The Mayor and Borough Council hereby signify their intention
and desire to organize an authority under the provisions of the Municipality
Authorities Act of 1945, as amended.
[Ord. 11/13/1950A, § 2; as amended by Ord. 1587,
4/27/1988, § 2]
The President, the Borough Council and the Borough Manager are
hereby authorized and directed to execute on behalf of the Mayor and
Borough Council, Articles of Incorporation for said authority, in
substantially the following form:
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ARTICLES OF INCORPORATION
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To the Secretary of the Commonwealth
Commonwealth of Pennsylvania
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In compliance with the requirements of the Act of May 2, 1945,
P.L. 382, known as "Municipality Authorities Act of 1945," as amended.
The Mayor and Borough Council of the Borough of Pottstown, Montgomery
County, Pennsylvania, desiring to incorporate an authority thereunder,
do hereby certify:
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A.
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The name of the Authority is "Pottstown Borough Authority."
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B.
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Said Authority is formed under the provisions of the Act of
May 2, 1945, P.L. 382, as amended.
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C.
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No other Authority organized under the Act of May 2, 1945, P.L.
382, as amended, or under the Act of December 27, 1933 (Special Session,
1933, P.L. 114) is in existence in or for the incorporating municipality,
the Mayor and Borough Council of the Borough of Pottstown. There is
in existence in the Mayor and Borough of Pottstown an Authority created
under the Act of June 28, 1935, P.L. 463, as amended, known as "Borough
of Pottstown, Pennsylvania Authority."
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D.
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The name of the incorporating municipality is the Mayor and
Borough Council of the Borough of Pottstown, Montgomery County, Pennsylvania.
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E.
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The names and addresses of its municipal authorities are as
follows: [Here followed the names and addresses of the original authorities].
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F.
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The ordinance authorizing the creation of said Authority, certified
from the records of the Mayor and Town Council of the Borough of Pottstown,
together with advertisement of notice of filing these Articles of
Incorporation are each submitted herewith.
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G.
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The term of existence of this Authority shall be for a period
ending on March 1, 2038.
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[Ord. 11/13/1950A, § 5]
The initial project which shall be undertaken by the said Authority
is: to acquire, hold, construct, improve, maintain, operate, own,
lease in the capacity of either lessor or lessee, sewers, sewer systems
or parts thereof and sewage treatment works including works for treatment
and disposing of industrial waste for the Borough and for such other
territory as it may be authorized to serve.
[Ord. 11/13/1950A, § 6]
The following named persons be and they hereby are appointed
as the first members of the Board of the Authority whose terms of
office shall commence on the date of appointment and shall be computed
from January 1, 1950: [Here followed the names, addresses and terms
of office of the first members of the Board].
[Ord. 10/13/1962, § 1]
In addition to the initial project designated for the Pottstown
Borough Authority as set forth in this Part, and approved by the Mayor,
there is hereby designated the following project: to acquire, hold,
construct, improve, maintain, operate, own, lease in the capacity
of either lessor or lessee, waterworks, water supply works, water
distribution systems for the Borough and for such other territory
as it may be authorized to serve.
[Ord. 2044, 9/10/2007]
1.
Pursuant to Section 5607(c) of the Act, the Borough Council hereby specifies health centers, as currently defined in the Act and as set forth in Subsection 2 hereof, as additional projects which the Authority is authorized to undertake. The authorization to undertake health center projects shall be in addition to all other types of projects which the Authority is authorized to undertake.
2.
HEALTH CENTER
A.
(1)
(2)
(3)
(4)
B.
As used herein, the following terms shall have the following meanings:
A facility which:
Is operated by a nonprofit corporation and:
Provides health care services to the public;
Provides health-care-related services or assistance to one or
more organizations in aid of the provision of health care services
to the public, including, without limitation, such facilities as blood
banks, laboratories, research and testing facilities, medical and
administrative office buildings and ancillary facilities;
Constitutes an integrated facility which provides substantial
health care services on a nonsectarian basis and other reasonably
related services, including, without limitation, life care or continuing
care communities and nursing, personal care or assisted living facilities
for the elderly, handicapped or disabled; or
Provides educational and counseling services regarding the prevention,
diagnosis and treatment of health care problems; and
If required by law to be licensed to provide such services by
the Department of Health, the Department of Public Welfare or the
Insurance Department, is so licensed or, in the case of a facility
to be constructed, renovated or expanded, is designed to comply with
applicable standards for such licensure.
3.
All Authority obligations issued for health center projects shall
be special obligations of the Authority, payable solely from and secured
solely by the revenues and other funds derived from the project financed.
No Authority financing of any health center project shall commit or
be secured by the general credit of the Authority or by Authority
revenues derived from its water or sewer systems or from any projects
other than the specific health center facility which is the subject
of the particular financing. No Authority financing of any health
center project shall pledge the general credit or taxing power of
the Commonwealth of Pennsylvania, the Borough or any other political
subdivision of the Commonwealth.
