[Adopted 2-11-1999 by Ord. No. 1611 (Ch. 1, Part 5D, of the
1986 Code of Ordinances)]
It is the intent of the Council of the City of Washington to
organize a Washington Business District Authority pursuant to the
provisions of the Municipality Authorities Act of 1945, P.L. 382,
as amended (the "Act").[1] The Authority shall be as is hereby created for the purpose
of making business improvements and providing administrative services,
as these terms are defined in the Act, to the central business district
of the City of Washington.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
It is hereby declared that the participation of such an Authority
in projects for and concerning business improvements and administrative
services to the central business district is desirable for the entire
City of Washington to preserve and improve the economic vitality of
the central business district.
The name of the Authority shall be "Washington Business District
Authority," hereinafter the "Authority."
The Council of the City of Washington designates a business
district, for purposes of this article, which shall consist of the
following streets and abutting properties.
A.
The streets are:
(1)
Main Street from the center line of Walnut Street to the center line
of the railroad tracks.
(2)
Maiden Street from the center line of Franklin Street to the center
line of College Street.
(3)
Wheeling Street from the center line of Franklin Street to the center
line of College Street.
(4)
Cherry Avenue from the center line of Brownson Avenue to the center
line of College Street.
(5)
Beau Street from the center line of Franklin Street to the center
line of College Street.
(6)
Chestnut Street from the center line of Franklin Street to the center
line of College Street.
(7)
East Walnut Street (south side) from Main Street to 355 feet east.
C.
The Authority may recommend to Council of the City of Washington
expanded boundaries of the designated district. The Authority shall
have the authority to develop and make business improvements and provide
administrative service, including management services, cleaning and
maintenance, promotion and marketing, and additional security services,
"Business improvement" and "administrative services" are as defined
in the Municipal Authorities Act of 1945. The Authority shall have
the authority to impose an assessment on each benefited property in
the designated district in this section. The Authority's powers
shall be limited to those herein defined.
The City Solicitor is authorized and directed to cause notice
of this article to be published, to the extent required by and in
accordance with the Act.
[Amended 6-10-1999 by Ord. No. 1617]
The City Solicitor is further authorized and directed, to file,
in accordance with the Act, Articles of Incorporation on behalf of
the Authority in substantially the following form:
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Articles of Incorporation of Washington Business District Authority
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To the Secretary of the Commonwealth of Pennsylvania: | |||
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In compliance with the requirements of the Municipality Authorities
Act of 1945, (the "Act"), approved May 2, 1945, P.L. 382,[1] as amended, the Mayor and members of the Council of the
City of Washington, pursuant to an ordinance duly adopted, desiring
to organize a body corporate and politic under the Act, do hereby
certify:
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(a)
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The name of the Authority shall be "Washington Business District
Authority," hereinafter the "Authority."
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(b)
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The Authority is formed under and by virtue of the Municipality
Authorities Act of 1945, P.L. 382, as amended.[2]
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(c)
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The City of Washington has other organized authorities created
under the Act now in existence for the City of Washington, which are
as follows:
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1)
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Washington Parking Authority
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2)
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City of Washington, Pennsylvania, Municipal Authority
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3)
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Washington-East Washington Joint Authority
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(d)
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The name of the incorporating municipality is the City of Washington.
The names of its municipal authorities are: [Here followed the names
of the municipal authorities of the City of Washington at the time
of the filing of the Articles.][3]
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The address of the municipality is 55 West Maiden Street, Washington,
PA 15301.
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(e)
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Following the public hearing regarding the proposed creation
of the Authority and the subsequent enactment of this article, the
Authority shall exist for a term commencing on the date a certificate
of incorporation is issued, as required by the provisions of the Act,
by the Secretary of the Commonwealth of Pennsylvania and shall terminate
on the 16th anniversary date of the commencement date.
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After completion of 14 years and six months of operation, the
Authority shall provide written notice to all property owners within
the district an estimate of the costs of five years to 15 years of
subsequent operation and the costs and charges to the benefited properties
in the district. The Authority shall be required for continued operation
to follow the same process for approval, including notice, public
hearing and objections, as provided in the Municipal Authorities Act
of 1945, which process was followed relative to the approval of the
Authority's initial plan and budget.
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(f)
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The powers of the Authority shall be exercised by a governing
body to be called the "Board of Directors of Washington Business District
Authority," hereinafter the "Board," which shall consist of nine members
who shall serve without compensation. The names, addresses and respective
terms of office of the first members of the Board of the Authority
are as follows: [Here followed the names and terms of the officers
of the members of the Board of the Authority first appointed[4]].
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Each of the initial members of the Board set forth above shall
serve for a term beginning on the date that a certificate of incorporation
is issued for the Authority by the Secretary of the Commonwealth.
The initial members' terms shall automatically end at the end
of the number of years opposite each member's name as set forth
above so that, at the inception of the Board, the terms shall be staggered
such that
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Three of the directors will serve a one-year term
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Three of the directors will serve a two-year term
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Three of the directors will serve a three-year term
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Thereafter, the term shall be three years and shall automatically
end at the expiration of the term. Board members may be reappointed
or replaced at the expiration of the member's term, at the discretion
of the Mayor and Council.
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The Board of the Authority shall be comprised of property owners
from the district or authorized designee(s) of a property owner(s).
A property owner may select a designee by filing a signed written
designation form with the Secretary of the Authority indicating the
name and address of the property owner, the name and address of the
designee, and the expiration date, if any, of the designation. Any
person so appointed as a designee need not be a property owner. Every
attempt shall be made to evenly represent the various geographic areas
of the district as well as a mix of large and small property owners
as determined by the assessment schedule.
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The Board may appoint ex officio members to the Board as deemed
necessary.
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The Board members shall elect a Chairperson and other officers
of the Authority. The special duties of the officers shall be set
forth in the bylaws which will be adopted by the Authority for the
management and operation of its affairs.
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Whenever a vacancy occurs by reason of the expiration of a member's
term, a successor shall be appointed for a term of three years in
order to have staggered terms of office for various Board members.
Appointment shall be made to fill an unexpired term. Each Board vacancy
shall be filled by action of City Council. The City Council shall
choose the nominee from a list of three candidates for each vacancy,
submitted to the Mayor by the remaining Board members. The remaining
Board members may seek recommendations from the property owners and
may ask property owners to vote on a slate of candidates with such
results to be submitted to the Mayor. The Mayor and Council may also
nominate at least one candidate for each vacancy to be added to the
candidate list considered by Mayor and Council. All candidates shall
be either property owners from the district or an authorized designee
of a property owner in the district.
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If City Council does not appoint any nominated candidate within
45 days following the written submission of the nominee's name,
the remaining Board members shall submit another list of at least
three candidates for each vacancy to the Mayor for nomination and
for City Council's approval.
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Names, addresses and terms of office of the first members of
the Board of the Authority are as follows: [Here followed the names,
addresses and terms of office of the first numbers of the Board of
the Authority[5]].
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(g)
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The City of Washington has retained the right which exists under
the Act, as amended by the Act of April 10, 1980, P.L. 105, to approve
any plan of the Authority. Such approval shall be by ordinance or
resolution of City Council, or as otherwise required by law.
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(h)
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Prior to December 1 of each year, the Authority shall publicly
advertise, provide appropriate notice of, and hold a public hearing
on its proposed budget for the subsequent year to receive public comment.
The Authority will notify the City Clerk of the date, time and location
of said public hearing.
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IN WITNESS WHEREOF, affixed hereto is the municipal seal of
the City of Washington duly attested by the Mayor and City Clerk this
11th day of February, 1999.
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CITY OF WASHINGTON, PENNSYLVANIA
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BY:
L. Anthony Sposser, Mayor
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ATTEST:
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Cathy B. Voytek, City Clerk
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(SEAL)
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[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
[3]
Editor's Note: The original information is on file in the
City's offices.
[4]
Editor's Note: The original information is on file in the
City's offices.
[5]
Editor's Note: The original information is on file in the
City's offices.
The initial members of the Board of Directors of the Authority
shall be those persons named in section (f) of the foregoing Articles
of Incorporation, whose appointment will be effective upon the approval
of the Articles by the Secretary of the Commonwealth of Pennsylvania.
A quorum of the Board shall consist of a majority of the Board
members holding office at any particular time for purposes of organizing
the Authority, conducting Authority business and for all other purposes.
This article shall take effect immediately; however, the existence
of the Authority shall cease in the event the plan for the business
district as put forth by the Authority is not approved after public
review as required by the Act.
The City of Washington shall in no way reduce or suspend any
of the current level of services currently being provided to the geographic
area of the district as a result of the creation of the Authority.
Services provided by the Authority shall be in addition to City of
Washington services.
A.
Any person subject to the tax hereby imposed shall, on or before
January 5, 2006, or prior to commencing business, register with the
City Treasurer, who shall charge of fee of $100 to cover the cost
of said registration, and having once registered with the Treasurer,
registration for any future privilege tax year is not required.
B.
The above fee shall also apply to all replacement licenses.
