Borough of Montgomery, PA
Lycoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 355.
Water — See Ch. 455.
[Adopted 12-26-1950 by Ord. No. 187 (Ch. I, Part 3, of the 1996 Code of Ordinances)]
The Montgomery Borough Council, being the Municipal Authority of the Borough of Montgomery, hereby signifies its intention and desire to organize and create an authority under the provisions of the Municipality Authorities Act of May 2, 1945, P.S. 382,[1] as amended.[2]
[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 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22).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: Section 5 of this ordinance directed the proper officers of the Borough at the time of enactment of the ordinance to take specified action to effect incorporation of the Authority, including publication of notice in a newspaper and in the county legal journal, and paying certain filing, advertising and other fees necessary to effect the incorporation; § 7 of the ordinance provided that the ordinance take effect immediately upon final enactment.
The name of the authority to be created and organized shall be "Montgomery Water and Sewer Authority"; and its existence shall continue for a period of 50 years as authorized in said Act.[1]
[1]
Editor's Note: See also § 10-4, Paragraph VI, of this article, which extended the term of existence.
The projects, and the only projects, to be undertaken by said Authority shall be as follows:
A. 
The planning for and construction of a sewage disposal plant for the Borough of Montgomery, together with necessary sewer lines and pipes and all necessary facilities for the collection, treatment and disposal of sewage from within the Borough of Montgomery and the surrounding areas, to maintain and operate said sewage system and sewage disposal plant and/or to lease or sell the same to the Borough of Montgomery under terms and conditions to be fixed by said Authority and to do all other things necessary and proper for the construction, maintenance and operation of said sewage disposal system.[1]
[1]
Editor's Note: See also § 10-6 of this article.
B. 
The purchase and operation of a water company for the Borough of Montgomery, together with the purchase and maintenance of the necessary lands for watersheds, erection of necessary buildings, the laying and maintenance of water pipes for the supply of drinking water to residents in the Borough of Montgomery and surrounding areas, to maintain and operate said water system and/or to lease or sell the same to the Borough of Montgomery under the terms and conditions to be fixed by said Authority, and to do all other things necessary and proper for the acquisition, the maintenance and operation of said water system.
[Amended 8-1-1967 by Ord. No. 80]
The President of the Borough Council, the Chief Burgess and the Borough Secretary are hereby authorized and directed to execute on behalf of the Borough of Montgomery Articles of Incorporation for said Authority substantially in the following form:
Articles of Incorporation
Montgomery Water and Sewer Authority
To the Secretary of the Commonwealth of Pennsylvania:
The following are Articles of Incorporation for a Municipal Authority organized and created in accordance with the Municipal Authorities Act of May 2, 1945, P.L. 382.[1]
I.
The name of this Municipal Authority shall be "Montgomery Water and Sewer Authority."
II.
The said Authority is formed under the Municipal Authorities Act of 1945 being the Act of May 2, 1945, P.L. 382.
III.
No other Municipal Authority has been organized or created under this Act or under any other Act by this municipality.
IV.
The name of the incorporating municipality is Montgomery Borough, Lycoming County, Pennsylvania, and the names and addresses of its municipal authorities or officers are as follows:. . . .[2]
V.
The names and addresses and terms of office of the first members of the Board of said Authority are as follows:. . .[3]
VI.
The term of existence of the Authority shall be increased to the date which shall be 50 years from the approval of these Articles of Amendment by the Secretary of the Commonwealth of Pennsylvania.[4]
In witness whereof, the undersigned have executed these Articles of Incorporation on behalf of the municipality above named and have caused to be affixed thereto the seal of the said municipality this 26th day of December 1950.
Montgomery Borough, Lycoming County, Pennsylvania
by A.J. Honsell, Burgess
Attest:
Leon M. Crandell, Secretary
Jacob L. Huff, President of Council
[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: Here follow the names and addresses of the officials of the Borough in office at the time of enactment of Ordinance No. 187.
[3]
Editor's Note: Here follow the names, addresses and respective terms of office of the first members of the Board of the Authority.
[4]
Editor's Note: Ordinance No. 80, which added Paragraph VI to this section, served to extend the term of existence of the Authority to 50 years from the approval of the ordinance by the Secretary of the Commonwealth.
The sum of $200 is hereby appropriated from the general funds of the Borough for the purpose of paying the incorporating, organizing and initial operating expenses of said Authority until the said Authority may become self-sustaining, and the Treasurer of the Borough is hereby authorized to pay such funds to the Treasurer of the Authority after said Authority has been organized. Council may, by resolution, appropriate additional funds from time to time for the operating expenses of said Authority as such funds may be required.
[Added 6-6-1966 by Ord. No. 74]
The Borough hereby designates as a project to be undertaken by the Authority the construction of an interceptor sewer, outfall sewer and sewage treatment plant, which, together with the sewage collection system conveyed to the Authority hereunder,[1] (hereinafter collectively referred to as the sewage system) shall be leased to the Borough as hereinafter provided. Permission is hereby granted to the Authority to construct the necessary sewage facilities of said sewer system in the streets, alleys, and public highways in the Borough.
[1]
This refers to Ordinance No. 74.