[HISTORY: Adopted by the Board of Supervisors of the Township of
East Allen as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-5-1973 by Ord. No. 73-2]
The Board of Supervisors of the Township of East Allen hereby signifies
its intention and desire to organize an Authority under the provisions of
the Municipality Authorities Act of 1945 (the Act of May 2, 1945, P.L. 382),
as amended.[1]
[1]
Editor’s Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed June 19, 2001, by P.L. 287, No.
22. See now 53 Pa.C.S.A. § 5601 et seq.
The Chairman and Secretary of the Board of Supervisors are hereby authorized
and directed to execute, on behalf of the Township of East Allen, Articles
of Incorporation for said Authority in substantially the following form.[1]
[1]
Editor’s Note: The original Articles of Incorporation, which
immediately followed this section, are on file in the Township offices.
Said Authority shall be for the purpose of acquiring, holding, constructing,
improving, maintaining and operating, owning or leasing, either in the capacity
of lessor or lessee, a water supply system for the distribution of water to
the residents of the Township of East Allen.
The first members of the Board of said Authority named in the Articles
of Incorporation set forth above are hereby specifically appointed members
of said Board for the terms of office set after their respective names, which
terms shall commence on the date of appointment and shall be computed from
January 1, 1974.
The proper officers of the Township are hereby directed, as required
by the said Municipality Authorities Act of 1945,[1] as amended, to cause a notice of this article and of the intention
to file with the Secretary of the Commonwealth said Articles of Incorporation
to be published one time in the Northampton County Reporter, the legal periodical
of Northampton County, Pennsylvania, and one time in The Bethlehem Globe-Times,
a newspaper published and of general circulation in Northampton County, Pennsylvania,
to file with the Secretary of the Commonwealth the Articles of Incorporation
together with the required proofs of publication of notice of this article
and notice of intention to file the Articles of Incorporation, together with
a certified copy of this article, and to execute and perform any and all official
acts and to pay the fees and costs necessary and appropriate to effect the
incorporation of East Allen Township Municipal Authority.
[1]
Editor’s Note: See now 53 Pa.C.S.A. § 5601 et seq.
[Adopted 10-16-2003 by Ord. No. 2003-5]
The Supervisors of East Allen Township, Northampton County, Pennsylvania,
do ordain that the East Allen Township Municipal Authority is hereby empowered
to pursue legal action to seek payment of past due bills for services provided
and to file suits to collect funds due and owing to the Authority for connections
and other related work.
A.Â
The Municipal Authority is also empowered to collect
attorney's fees and other costs incurred as a result of the collection
actions. The East Allen Township Municipal Authority shall have the power
to sue and to be sued, to implead and be impleaded, complain and defend in
all courts pursuant to 53 Pa. C.S.A. § 5607(d). In addition the
Authority shall have the powers provided for in the Municipality Authorities
Act, June 19, 2001, P.L. 287, No. 22, § 1, as amended, specifically
those powers set forth at 53 Pa. C.S.A. § 5607(d) to sue and be
sued, implead and be impleaded, complain and defend in all courts; which provides
the ability of the Authority to fix, alter, charge and collect rates and other
charges in the area served by its facilities at reasonable and uniform rates
to be determined exclusively by it for the purpose of providing for payment
of the expenses of the Authority, the construction, improvement, repair, maintenance
and operation of its facilities and properties. The Authority shall also have,
with regard to water services provided through a separate meter and separate
service line to a residential dwelling unit in which the owner does not reside,
to impose and enforce the owner's duty to pay a tenant's bill for
services rendered to the tenant by the Authority not only if the Authority
notifies the owner and the tenant within 30 days after the bill first becomes
overdue. Notification shall be provided by First Class mail to the address
of the owner provided to the Authority by the owner and to the billing address
of the tenant, respectively.
B.Â
In the case of the Authority which has agreed to provide
sewer service to a residential dwelling unit in which the owner does not reside,
the Municipal Authority is also empowered to impose and enforce the owner's
duty to pay a tenant's bill for service rendered by the Authority to
the tenant. The Authority shall notify the owner and tenant within 30 days
after the tenant's bill for that service first becomes overdue. Notification
shall be provided by First Class mail to the address of the owner provided
to the Authority by the owner and to the billing address of the tenant, respectively.
Nothing in this article shall be construed to relieve the owner of liability
for such service unless the Authority fails to provide the notice required
in this section.
C.Â
The Municipal Authority is also empowered to charge the
cost or construction of any sewer or water main constructed by the Authority
against the properties benefited, improved or accommodated thereby to the
extent of such benefits. These benefits shall be assessed in a manner provided
by the Municipality Authorities Act, 53 P.S. § 5601 et seq., as
amended from time to time. With regard to the above-mentioned powers, the
Municipal Authority is authorized to engage in whatever collection methods
or means, including filing a suit or a lien, that it may determine, in its
best judgment, are appropriate to collect the aforementioned funds.
D.Â
The Authority is also empowered to collect whatever attorney's
fees and costs are associated with its collection actions with
regard to the above-mentioned powers.
