[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton as indicated article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 185.
[Adopted as Ch. 39 of the 1975 Code]
The Borough Council, being the municipal authorities
of the Borough of Lehighton, 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: The Municipality Authorities
Act of 1945 (53 P.S. § 301 et seq.) was repealed by L. 2001,
June 19, P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
A.
The President of the Borough Council, the Mayor and
the Secretary of the Borough are hereby authorized and directed to
execute, on behalf of the Borough of Lehighton, Articles of Incorporation
for said Authority, providing, among other things, that:
(1)
The name of the Authority shall be "Lehighton Sewerage
Authority."
(2)
The Authority is formed under the Act of May 2, 1945,
P.L. 382, as amended, known as the "Municipality Authorities Act of
1945."
(3)
No other authority has been organized under said act
or under the Act of June 28, 1935, P.L. 463,[1] and is in existence in or for the incorporating municipality,
except the Lehighton Water Authority.
[1]
Editor's Note: The Act of June 28, 1935, P.L.
463, was the predecessor to the Municipal Authorities Act of 1945.
(4)
The name of the incorporating municipality is the
Borough of Lehighton, Carbon County, Pennsylvania, and setting forth
the names and addresses of the municipal officers constituting the
municipal authorities of said municipality: the Mayor, President of
the Borough Council, Secretary, Treasurer and Councilmen of the Borough
of Lehighton.
The proper officers of the Borough are hereby
directed, as required by the Municipality Authorities Act of 1945,
to publish notice of this article and of the day upon which said Articles
of Incorporation will be filed with the Secretary of the Commonwealth
of Pennsylvania; to file the Articles of Incorporation, together with
a certified copy of this article authorizing the incorporation of
the Authority and the necessary proofs of publication, with the Secretary
of the Commonwealth; and to do all other things necessary or appropriate
to effect the incorporation of the Lehighton Sewerage Authority.
[Adopted 7-10-1995 by Ord. No. 453]
A.
The Borough Council of the Borough signifies its intention and desire
to organize an authority, jointly, with certain other municipalities,
under provisions of the Act of Assembly approved May 2, 1945, P.L.
382, as amended and supplemented, known as the "Municipality Authorities
Act of 1945" (the "Authorities Act"),[1] for the purpose of exercising any and all powers conferred
by the Authorities Act.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by L. 2001, June 19, P.L.
287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
B.
The Authority shall be organized, jointly, by the Borough, the Borough
of Weissport, the Township of Franklin and the Township of Mahoning,
all situate in Carbon County, Pennsylvania (collectively, the "municipalities").
A.
The Articles of Incorporation are hereby approved in the form set
forth at Exhibit A[1] to this article subject to such modification in the final
preparation thereof for filing as the proper officers of this Borough
shall, hereafter, approve and authorize, their, respective, execution
and attestation evidencing such approval.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
B.
The President or Vice President of the Borough Council and Secretary,
respectively, of this Borough (the "proper officers") are authorized
and directed to execute, seal and attest, on behalf of this Borough,
Articles of Incorporation for the Authority in the form attached hereto
at Exhibit A and made a part of this article.
Proper officers of this Borough, acting jointly with appropriate
officers of the other municipalities are authorized and directed to
cause notice of the substance of this article, including the substance
of the foregoing Articles of Incorporation, and of the proposed filing
of such Articles of Incorporation, to be published as required by
the Authorities Act.
Proper officers of this Borough, acting jointly with appropriate
officers of the other municipalities are authorized and directed to
file such Articles of Incorporation and the necessary proof of publication
with the Secretary of the Commonwealth of Pennsylvania and to do all
other things necessary to effect the incorporation of such Authority,
including payment of the required filing fee.
The following named persons are appointed as the first members
from this Borough on the Board of such Authority:[1]
[1]
Editor's Note: The original listing that followed is on file
with the complete copy of Ord. No. 453 in the Borough offices.
The enactment of this article is deemed necessary for the benefit
of and preservation of the public health, peace, comfort and general
welfare of and will increase the prosperity of citizens of this Borough.