Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-29-1940 by Ord. No. 148]

§ 7-1 Desire and intention to organize Hellertown Borough Authority.

The Borough Council hereby signifies its intention and desire to organize an authority under the provisions of the "Municipality Authorities Act of 1935," as amended.

§ 7-2 Articles of incorporation of Hellertown Borough Authority.

[Amended 8-6-1956 by Ord. No. 235[1]]
The Mayor, the President of the Borough Council and the Secretary are hereby authorized and directed to execute on behalf of the Borough of Hellertown, Articles of Incorporation for said Authority, in substantially the following form:
ARTICLES OF INCORPORATION
To the Secretary of the Commonwealth
Commonwealth of Pennsylvania:
In compliance with the requirements of the Act of June 28, 1935, P.L. 463, known as the "Municipality Authorities Act of 1935," as amended, the Borough of Hellertown, Northampton County, Pennsylvania, desiring to incorporate an authority thereunder, does hereby certify:[2]
(a)
The name of the Authority is "Hellertown Borough Authority."
(b)
Said Authority is formed under the provisions of the Act of June 28, 1935, P.L. 463, as amended.
(c)
No other Authority organized under said Act of June 28, 1935, P.L. 463, 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 Borough of Hellertown.
(d)
The name of the incorporating municipality is Borough of Hellertown, Northampton County, Pennsylvania, and the names and addresses of its municipal authorities area as follows: (Here followed the names and addresses of its original municipal authorities.)
(e)
The names, addresses and terms of office of the first members of the Board of said Authority are as follows: (Here followed the names, addresses and terms of office of the members of the first Board of the Authority.)
(f)
The term of existence of said Authority shall be 50 years from the date of approval of these Articles of Amendment to the Articles of Incorporation.[3]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq., for the current Municipality Authorities Act.
[3]
Editor's Note: Res. No. 04-10, adopted 11-15-2004, extended the term of the Authority to May 31, 2030, providing as follows:
WHEREAS, the Hellertown Borough Authority was incorporated under the Municipal Authorities Act of 1935, as amended, and
WHEREAS, a Certificate of Incorporation was issued by the Commonwealth of Pennsylvania to the Hellertown Borough Authority (hereinafter called "Authority") on the 31st day of May, 1940 with authorization to operate the Authority and to transact business for a period of 50 years from the date thereof, and
WHEREAS, pursuant to Section 3.2A, Subsection (2) of the Municipal Authorities Act of 1945:
"An Authority, in the manner hereinafter provided, may, from time to time amend its articles: —
(2) To add a provision therein increasing its term of existence to a date not exceeding 50 years from the date of approval of the articles of amendment or to modify any provision thereof limiting its terms of existence, by increasing such term to such a date;" and
WHEREAS, pursuant to subparagraph B of Section 3.2, the amendment to the Articles was proposed by the Authority by the adoption of the following Resolution.
"NOW, THEREFORE, BE IT RESOLVED, and it is hereby resolved, as follows:
1. The Authority hereby recommends to the Borough of Hellertown (the "Borough") that the Articles of Incorporation of the Hellertown Borough Authority be amended as follows:
"The Certificate of Incorporation of the Hellertown Borough Authority, dated May 31, 1940, is hereby amended so that the term of the Authority is extended to May 31, 2030.
2. The Chairman of the Authority and Secretary of the Authority are hereby authorized to execute and deliver a certified copy of this resolution to the Borough pursuant to the Municipal Authorities Act of 1945."
WHEREAS, the Municipal Authorities Act of Pennsylvania provides that after the amendment is proposed by the Authority, it shall be submitted to the governing body of the municipality for adoption or rejection by Resolution or Ordinance.
NOW, THEREFORE, BE IT RESOLVED, and it is hereby resolved by the Borough Council of the Borough of Hellertown that the aforesaid Resolution of the Hellertown Borough Authority to amend its Certificate of Incorporation by extending its termination date to May 31, 2030, is hereby approved.

§ 7-3 Water project designated first project of authority.

The project which shall be undertaken by the said Authority is to acquire, hold, construct, improve, maintain, operate, own, lease, either as lessor or as lessee, waterworks, water supply works and water distribution systems for the Borough of Hellertown and for such other territory as it may be authorized to serve.