[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]
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.
[Amended 8-6-1956 by Ord. No. 235]
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:
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq., for the current Municipality Authorities Act.
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.
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.