[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 346.
[Adopted 6-12-1973 by Ord. No. 73-5 (Ch. 1, Part 5, of the
1983 Code of Ordinances)]
The Council of the Borough of Walnutport hereby signifies its
intention and desire to organize an Authority under the provisions
of the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended.
[Amended 3-21-1983 by Ord. No. 83-2]
The Chairman and Secretary of the Council of the Borough of
Walnutport are hereby authorized and directed to execute, on behalf
of the Borough of Walnutport, 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 of Pennsylvania:
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In compliance with the requirements of the Act of May 2, 1945,
P.L. 382, known as the "Municipality Authorities Act of 1945," as
amended, the governing body of the Municipality of the Borough of
Walnutport, Northampton County, Pennsylvania, desiring to incorporate
an Authority thereunder, do hereby certify:
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1.
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The name of the Authority is "The Walnutport Sewer Authority."
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2.
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Said Authority is formed under the provisions of the Act of
May 2, 1945, P.L. 382, known as the "Municipality Authorities Act
of 1945," as amended.
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3.
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No other Authority has been organized under the said Municipality
Authorities Act of 1945, or under the Act approved the 28th day of
June, 1935 (P.L. 463) and is in existence in or for the Borough of
Walnutport, the incorporating municipality herein.
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4.
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The name of the incorporating municipality is the Borough of
Walnutport, Northampton County, Pennsylvania, and the names and addresses
of its governing body are as follows: . . .[1]
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5.
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The names, addresses and terms of office of the first members
of the Board of said Authority are as follows: . . .[2]
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The terms of office of each of the first members of the Board
of said Authority shall commence on the date of his appointment and
shall be computed from January 1, 1974.
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6.
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Said Authority is organized for the purpose of acquiring, holding,
constructing, improving, maintaining and operating, owning or leasing,
either in the capacity of lessor or lessee, a Sanitary Sewage Disposal
System for the residents of the Borough of Walnutport.
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7.
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The ordinance authorizing the creating of said Authority, certified
from the record of the incorporating municipality, together with proofs
of publication of notice of intention to file these Articles of Incorporation
with the Secretary of the Commonwealth of Pennsylvania, are each submitted
herewith.
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IN WITNESS WHEREOF, the undersigned have executed these Articles
of Incorporation on behalf of the Borough of Walnutport, the incorporating
municipality above named, and have caused to be affixed hereto the
seal hereof this ____ day of _______________, 19_____.
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ATTEST:
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Secretary
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President of Council
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF NORTHAMPTON
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)
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SS:
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On the _____ day of _______________ 19_____, before me a Notary
Public in and for the County aforesaid, personally appeared the municipal
corporation named in and which executed the foregoing Articles of
Incorporation, who, being severally duly sworn according to law, depose
and say that they were personally present at the execution of the
foregoing Articles of Incorporation and saw the common or corporate
seal of the Borough of Walnutport affixed thereto, that the seal affixed
thereto is the common or corporate seal of the said Borough, that
the foregoing Articles of Incorporation were duly signed, sealed and
delivered by, as and for the act and deed of the said Borough, by
the Authority and at the direction of the Borough Council, pursuant
to an Ordinance duly enacted the _____ day of __________, 19_____,
and that the names of Rutherford Kuntz as President of Council and
Gail Wehr as Secretary of Council of the Borough of Walnutport subscribed
thereto are in their proper and respective handwritings.
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SWORN TO and subscribed before me this _____ day of ____________,
19____.
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Rutherford Kuntz
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Gail Wehr
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Notary Public
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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 sanitary sewage disposal
system for the residents of the Borough of Walnutport.
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 Borough of Walnutport are hereby
directed, as required by said Municipality Authorities Act, as amended,
to cause a notice of this ordinance [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 ordinance and notice of intention
to file the Articles of Incorporation, together with a certified copy
of this ordinance, 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 the Walnutport Sewer Authority.
[Added 9-15-1986 by Ord. No. 86-4[1]]
The Chairman and each member of the Board of the Authority,
when eligible under the relevant provisions of the Laws of Pennsylvania,
shall receive compensation from the funds of the Authority and not
from the funds of the Borough in the amount determined, from time
to time, by resolution of the Borough Council. To earn said compensation,
a Board member must attend at least one regular or special meeting
per month of the Authority, called pursuant to the relevant provisions
of the Laws of Pennsylvania.
