[Ord. 136, 9/17/1946, § 1]
The Borough Council hereby signifies its intention and desire
to organize an Authority under the provisions of the Municipality
Authorities Act of 1945.[1]
[1]
Editor's Note: Section 3 of this ordinance directed the
proper officers of the Borough to cause a notice of the ordinance
to be published one time in a newspaper published and of general circulation
in the County, as directed by the Act of May 2, 1945, No. 164; Section
4 directed the Burgess, President of Council and Secretary to file
the Articles of Incorporation, together with proof of publication,
with the Secretary of the Commonwealth, and to do all other acts and
things necessary or appropriate to effect incorporation of the Authority;
Section 5 repealed all inconsistent ordinances and parts of ordinances.
[Ord. 136, 9/17/1946, § 2, as amended by Ord. 260,
10/15/1968, § 1; and by Ord. 2005-5, 6/21/2005]
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The Burgess, the President of the Borough Council and the Secretary
are hereby authorized and directed to execute on behalf of the Borough
of Mifflinburg, 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 Commonwealth of Pennsylvania:
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In compliance with the requirements of the Act of May 2, 1945,
known as "Municipality Authorities Act of 1945," the Borough of Mifflinburg,
Union County, Pennsylvania, desiring to incorporate an Authority thereunder,
does hereby certify:
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1.
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The name of the Authority is "The Municipal Authority of the
Borough of Mifflinburg."
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2.
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Said Authority is formed under the provisions of the Act of
May 2, 1945, No. 164.
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3.
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No other Authority organized under the Act of May 2, 1945, No.
164, or under the 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 Mifflinburg.
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4.
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The name of the incorporating municipality is The Borough of
Mifflinburg.
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5.
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The names and addresses of its municipal authorities are as
follows:. . .[1]
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6.
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The names, addresses and terms of office of the first members
of the Board of the Municipal Authority to be formed hereby are as
follows:. . .[2]
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7.
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The ordinance authorizing the creation of said Authority, certified
from the records of the Borough of Mifflinburg, together with advertisement
of notice of filing these Articles of Incorporation, are each submitted
herewith.
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8.
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The term of existence of the Mifflinburg Municipal Authority
shall be extended to a date 50 years from the approval of Articles
of Amendment by the Department of State.
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IN WITNESS WHEREOF, The undersigned have executed these Articles
on behalf of The Borough of Mifflinburg, and have caused to be affixed
the seal thereof this _____ day of _____, 1946.
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Frank L. Wood
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Burgess
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Attest:
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Edith G. Fox
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C. F. Kauffman
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Secretary
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President of Borough Council
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COMMONWEALTH OF PENNSYLVANIA)
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SS.
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COUNTY OF UNION)
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On this _____ day of _____, 1946, before me, the undersigned,
personally came the above named Frank L. Wood, C. F. Kauffman, and
Edith G. Fox, whose official positions in the Borough of Mifflinburg
are respectively Burgess, President of Borough Council, and Secretary,
and who in due form of law, acknowledged the foregoing to be the act
and deed of The Borough of Mifflinburg for the purposes therein specified.
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___________
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Notary Public
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[Ord. 156, 4/19/1950, § 1]
The initial project which shall be undertaken by said The Municipal
Authority of the Borough of Mifflinburg shall be to acquire, hold,
construct, improve, maintain, operate, own, lease, either as lessor
or as lessee, sewers, sewer systems and sewage treatment works for
the Borough of Mifflinburg, and for such other territory as it may
be authorized to serve.[1]
[1]
Editor's Note: The preamble to this ordinance stated
that Council had duly created and caused to be organized The Municipal
Authority of the Borough of Mifflinburg, pursuant to the Municipality
Authorities Act of 1945 P.L. 382; that the Authority was continuing
to exist under that act, as amended; and that Council desired to designate
the initial project to be undertaken by the Authority. Section 2 of
the ordinance expressly repealed all inconsistent ordinances and parts
of ordinances.
[Ord. 91-08, 10/1/1991, § 1]
1.
Approval of Refunding Program. The Borough hereby approves the refunding
program for the purpose of reducing the Authority's debt service
obligations.
2.
Approval of Issuance of 1991 Bonds and Purchase Contract.
1.
The Borough hereby approves the financing of the refunding program
out of the proceeds of the 1991 bonds, and approves the issuance by
the Authority of its Guaranteed Sewer Revenue Bonds, series of 1991,
in the principal amount $2,695,000, to be dated as of November 1,
1991, and to bear interest and mature as shown on the bond amortization
schedule attached hereto as Exhibit "A"[1] and made a part hereof.
[1]
Editor's Note: The original of Exhibit "A" is on file
in the Borough office.
2.
The sale of the 1991 bonds to the underwriter, a private sale by
negotiation, for a purchase price and in accordance with the other
terms and conditions set forth in the purchase contract presented
to this meeting, is hereby approved. This Borough hereby finds and
determines that a private sale by negotiation is in the best financial
interest of the Borough and the Authority. A copy of said purchase
contract shall be filed with this Part in the Ordinance Book of the
Borough.
3.
Authorization of Lease Rental Debt Evidence by Supplemental Lease.
The Borough shall incur lease rental debt under the Act to be evidenced
by the lease and supplemental lease hereinafter authorized securing
the 1968 bonds, the 1987 bonds and the 1991 bonds. The guaranty of
the 1968 bonds, 1987 bonds and the 1991 bonds by the Borough and the
pledge of the Borough's full faith, credit and taxing power in
connection with such guaranty, as set forth in the supplemental lease,
are hereby approved.
4.
Approval of Lease Terms. The Borough, as lessee, shall enter into
the supplemental lease with the Authority, as lessor, to be dated
as of November 1, 1991, and to provide, among other things, for (a)
the operation, maintenance and repair of the sewer system by the Borough,
(b) the payment of rentals by the Borough in amounts sufficient to
meet the debt service requirements of the 1991 bonds, (c) guaranty
of the 1991 bonds by the Borough and the pledge of the Borough's
full faith, credit and taxing power in connection with such guaranty,
and (d) a covenant to impose sewer rates and charges sufficient to
meet the Borough's obligations under the supplemental lease.
The form of supplemental lease presented to this meeting is hereby
approved and ordered filed with this Part in the official records
of this Borough. Upon approval of the proceedings for the incurrence
of lease rental debt by the Department of Community Affairs of the
Commonwealth of Pennsylvania, the President or Vice-President of the
Borough Council and the Secretary or Borough Manager/Treasurer of
the Borough are hereby authorized and directed to execute and deliver
the supplemental lease to the Authority, substantially in the form
presented to this meeting with such modifications as such officers
by their execution thereof may approve. The Borough hereby consents
to the assignment of the lease and supplemental lease and all rentals
and other amounts payable thereunder to the Trustee, and hereby agrees
to pay over to the Trustee all of the rentals in the amounts and at
the times set forth in the lease and supplemental lease.
5.
Preparation and Filing of Debt Statement. The President or Vice President
of the Borough Council and the Secretary or Borough Manager/Treasurer
of the Borough are hereby authorized and directed to prepare and verify
a debt statement of the Borough required by § 410 of the
Act and to prepare and verify and/or assemble and file either before
or after the issuance of the 1991 bonds, such further and additional
debt statements and documents as may be required to exclude self-liquidating
debt from nonelectoral debt and lease rental debt of the Borough.
The Borough hereby approves the Consulting Engineer's Report
on Self-Liquidating Debt, prepared by Buchart-Horn, Inc., a copy of
which has been submitted to this meeting. Said officers, or any of
them, are further authorized to apply to the Pennsylvania Department
of Community Affairs for approval of the lease rental debt herein
authorized and to file with such application a transcript of the proceedings
including a certified copy of this Part, the debt statement and a
borrowing base certificate, and to take any and all such further action
and to execute and deliver such other documents as may be necessary
or proper to comply with all requirements of the Act or to carry out
the intent and purpose of this Part.
6.
Covenants Relating to Sewer System. The Borough hereby covenants
and agrees to pay out of the revenues and receipts of the sewer system,
or out of any other revenues of the Borough which lawfully may be
applied for the purpose, all rentals and other amounts payable under
the lease and supplemental lease at the times set forth therein, the
Borough further covenants and agrees to charge, impose and collect
sewer rents and other charges which shall be sufficient, together
with other available moneys, to pay the rentals and other amounts
payable under the lease and supplemental lease, as well as the expenses
of operating, maintaining and repairing the sewer system, all as provided
in the lease and supplemental lease.
7.
Legal Advertisements. The advertisement of a summary of this Part
pursuant to the requirements of the Act by the Secretary of the Borough
is hereby approved, ratified and confirmed and the Secretary is hereby
directed to advertise and to post notice of the enactment of this
Part in accordance with the requirements of the Act.
8.
Further Action. The proper officers of the Borough are hereby authorized
to execute and deliver such other documents and to take such other
action as may be necessary or proper to effect the completion of this
financing or the intent and purposes of this Part.
[Ord. 162, 12/19/1950, § 1]
The Borough Council, being the municipal authorities of the
Borough of Mifflinburg, hereby signify their intention and desire
to organize jointly with the Borough of Hartleton, the Borough of
New Berlin, the Township of West Buffalo, the Township of Buffalo,
the Township of Lewis, the Township of Limestone and the Township
of Hartley an Authority under the provisions of the Municipality Authorities
Act of 1945, as amended.[1]
[1]
Editor's Note: Section 3 of this ordinance appointed
Roy L. Stahl as the Borough's first appointee to the Board of
the Authority to serve for a term of four years from January 1, 1951;
Section 4 directed the proper officers of the Borough, as required
by the Municipality Authorities Act, to publish notice of this ordinance
and of the day on which Articles of Incorporation were to be filed
with the Secretary of the Commonwealth; to file the Articles of Incorporation,
together with the ordinances and resolutions authorizing the incorporation
of the Authority and necessary proofs of publication, with the Secretary
of the Commonwealth; and to do all other things necessary or appropriate
to effect incorporation of the Authority. Section 5 repealed all inconsistent
ordinances and resolutions or parts thereof.
[Ord. 162, 12/19/1950, § 2, as amended by Ord.
168, 11/30/1951, § 1]
The President of Borough Council, Burgess and Borough Secretary
are hereby authorized and directed to execute on behalf of the Borough
of Mifflinburg Articles of Incorporation for said Authority providing,
among other things:
(a)
That the name of the Authority is Union County Pennsylvania Western
Area Joint School Authority;[1]
[1]
Editor's Note: As adopted the name of the Authority was
Western Area Joint School Authority; by Ordinance 168 the Borough
amended this paragraph of the Articles of Incorporation to change
the name of the Authority.
(b)
That the Authority is formed under the Act of May 2, 1945, P.L. 382,
as amended, known as the Municipality Authorities Act of 1945;
(c)
That no other Authority has been organized under said Act or under
the Act of June 28, P.L. 463, and is in existence in and for the incorporating
municipalities, except the Municipal Authority of the Borough of Mifflinburg,
organized by the Borough of Mifflinburg, on November 19, 1946, under
the Municipality Authorities Act of 1945;
(d)
That the names of the incorporating municipalities are the Borough
of Mifflinburg, the Borough of New Berlin, the Borough of Hartleton,
the Township of West Buffalo, the Township of Buffalo, the Township
of Lewis, the Township of Limestone and the Township of Hartley, all
in Union County, Pennsylvania, and setting forth the names and addresses
of the municipal authorities of said municipalities, to wit: the Burgess,
Borough Secretary, President of Borough Council, and Borough Councilmen
of each of the aforesaid Boroughs and the Township Supervisors of
each of the aforesaid Townships; and
(e)
That there shall be eight members of the Board of the Authority,
one appointed by each of the aforesaid municipalities; and stating
the names, addresses, terms of office and appointing municipalities
of the first members of the Board of the Authority.
