[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[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:
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ARTICLES OF INCORPORATION
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To the Secretary of the Commonwealth
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Commonwealth of Pennsylvania:
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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]
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(a)
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The name of the Authority is "Hellertown Borough Authority."
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(b)
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Said Authority is formed under the provisions of the Act of
June 28, 1935, P.L. 463, as amended.
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(c)
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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.
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(d)
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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.)
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(e)
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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.)
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(f)
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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]
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[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.
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.
