Borough of Franklin Park, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-1986 as Ch. 5, Art. I, of the 1986 Code]
The Borough Council of the Borough of Franklin Park finds and therefore declares that it is necessary that an adequate public ambulance service be established and operated to promote the public health, comfort, convenience and general welfare of the citizens and residents of the Borough of Franklin Park and that such service can be most efficiently and economically furnished by means of an intercommunity municipal authority, jointly sponsored by the Borough of Franklin Park and the Town of McCandless and incorporated under the applicable laws of the Commonwealth of Pennsylvania for the express purpose of supplying such service to all citizens and residents of said municipalities.
It is therefore the joint desire and intention of the Borough of Franklin Park and of the Town of McCandless, municipal corporations situate in the County of Allegheny and the Commonwealth of Pennsylvania, to organize an authority under and pursuant to the provisions of the Municipality Authorities Act of 1945, the Act of 1945, May 2, P.L. 382, Section 1 et seq., together with all supplements and amendments thereto,[1] for the purpose of exercising and enjoying all of the powers conferred by said Act, its supplements and amendments.
[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 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22).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.
The name of the proposed authority shall be the "McCandless Franklin Park Ambulance Authority."
The proposed Articles of Incorporation are as follows:
Joint Municipal Authority
Articles of Incorporation
to the Secretary of the Commonwealth of Pennsylvania
In compliance with the Municipality Authorities Act of 1945, its supplements and amendments, the Borough of Franklin Park and the Town of McCandless, municipal corporations situate in the County of Allegheny and Commonwealth of Pennsylvania, pursuant to identical ordinances duly adopted by the governing bodies of such municipalities, hereby signify their joint desire and intention to form an Authority under said Act and do hereby certify as follows:
1.
That the name of the Authority shall be the "McCandless Franklin Park Ambulance Authority."
2.
That this Authority is formed under and pursuant to the provisions of the Municipality Authorities Act of 1945, its supplements and amendments.
3.
That no other authority or joint authority organized under the Municipality Authorities Act, its supplements and amendments, or under the Act approved June 28, 1935, P.L. 463, as amended, is in existence in or for the incorporating municipalities named herein, except as follows:
(1)
The McCandless Township Sanitary Authority organized by the Township of McCandless, County of Allegheny, Commonwealth of Pennsylvania (predecessor to the Town of McCandless) under and pursuant to the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of furnishing sanitary sewage collection and disposal systems for the Township of McCandless, County of Allegheny and Commonwealth of Pennsylvania (predecessor to the Town of McCandless).
(2)
The Franklin Park Authority organized by the Township of Franklin, County of Allegheny, Commonwealth of Pennsylvania (predecessor to the Borough of Franklin Park) under and pursuant to the provisions of the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of furnishing a sanitary sewage collection and disposal system for the Borough of Franklin Park, County of Allegheny, Commonwealth of Pennsylvania.
(3)
North Allegheny Joint Authority, Allegheny County, Pennsylvania, organized by the Township of Franklin, Allegheny County, Pennsylvania (predecessor to the Borough of Franklin Park), the Township of Marshall, Allegheny County, Pennsylvania, the Township of McCandless, Allegheny County, Pennsylvania (predecessor to the Town of McCandless) and the Borough of Bradford Woods, Allegheny County, Pennsylvania, under and pursuant to the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of acquiring, holding, constructing, improving, maintaining, owning and leasing, either in the capacity of lessor or lessee, of public school buildings and the acquiring of necessary sites therefor.
4.
That the purpose of the Authority is to provide ambulance and related equipment and facilities and to furnish ambulance and other related health services to the citizens, residents and inhabitants of the Town of McCandless and the Borough of Franklin Park and, if the Authority shall determine, to the inhabitants of Pine Township, Marshall Township, the Boroughs of Bradford Woods and North Park and to such other municipalities as the Authority shall from time to time designate, after first having received the consent and approval of the governing bodies of the Town of McCandless and the Borough of Franklin Park.
5.
That the respective names of the incorporating municipalities are:
THE BOROUGH OF FRANKLIN PARK
and TOWN OF McCANDLESS
6.
The names and addresses of the municipal authorities of each of the incorporating municipalities are as follows.[1]
7.
That the Board of the Authority to be formed pursuant to these Articles shall consist of seven members, each of whom, except for those who shall be members of the first Board of the Authority, shall be appointed for terms of five years. No Board member shall be a paid employee of the Authority. The members of the Board of the Authority shall be apportioned among the several municipalities as follows:
Municipality
Number of Board Members
Town of McCandless
5
Borough of Franklin Park
2
8.
That the names and addresses of the members of the first Board of the Authority, the municipality by which each such member has been appointed and the dates of expiration of their respective terms are as follows.[2]
9.
That whenever a vacancy has occurred or is about to occur by reason of the expiration of the term of any member, the participating municipality which appointed the member whose term has expired or is about to expire shall appoint a successor member for a full term of five years.
WITNESS the due execution of these Articles by each of the incorporating municipalities, all as of the _____ day of __________ 1976.
ATTEST:
BOROUGH OF FRANKLIN PARK
  Borough Secretary
  President of Council
ATTEST:
TOWN OF McCANDLESS
  Secretary
  President of Town Council
[1]
Editor's Note: The names and addresses of the municipal authorities are on file in the Borough offices and are available for public inspection during regular office hours.
[2]
Editor's Note: The names and addresses of the first members of the Board of the Authority are on file in the Borough offices and are available for public inspection during regular officer hours.
The following persons are hereby appointed members of the first Board of the Authority, who shall serve, in accordance with Section 8 of the proposed Articles of Incorporation, for terms as hereinafter set forth opposite their respective names.[1]
[1]
Editor's Note: The names, addresses and terms of office of the appointed members of the Board of the Authority are on file in the Borough offices and are available for public inspection during regular office hours.
Until such time as the incorporating municipalities shall otherwise provide by resolution, the members of the Board of the Authority shall receive no compensation for their services as Board members.
The Articles of Incorporation of the proposed authority, in substantially the same form as set forth in § 10-4 of this article, shall be executed on behalf of the Borough of Franklin Park by the President of the Borough Council and under its Municipal Seal and attested by the Borough Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the aforesaid Municipality Authorities Act of 1945, its supplements and amendments.[1]
[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.
In order to fund the proposed authority with sufficient moneys to cover incorporation, organization and start-up expenses, the Borough of Franklin Park hereby assumes as its fair share of such expenses the payment of $3,000 and, in discharge of such commitment, shall and will budget and appropriate such sum in its 1977 budget, the same to be paid to the account of said Authority upon the request of said Authority during the year 1977.
[Adopted 6-11-1986 as Ch. 29, Art. II, of the 1986 Code]
The Borough Council of the Borough of Franklin Park finds and therefore declares that it is necessary that a free public library service be established and operated to promote the general welfare of the residents of the Borough of Franklin Park and that such public library service can be most efficiently and economically furnished by means of an intercommunity municipal authority jointly sponsored by the Town of McCandless, the Township of Ross, the Borough of Franklin Park and the Borough of Bradford Woods and incorporated under the applicable laws of the Commonwealth of Pennsylvania for the express purpose of supplying such service to all residents of said municipalities.
It is therefore the joint desire and intention of the Town of McCandless, the Township of Ross, the Borough of Franklin Park and the Borough of Bradford Woods, municipal corporations situate in the County of Allegheny and the Commonwealth of Pennsylvania, to organize an authority under and pursuant to the provisions of the Municipality Authorities Act of 1945, the Act of 1945, May 2, P.L. 382, § 1 et seq., together with all supplements and amendments thereto,[1] for the purpose of exercising and enjoying all of the powers conferred by said Act, its supplements and amendments.
[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.
The name of the proposed authority shall be the "Northland Public Library Authority."
The proposed Articles of Incorporation are as follows:
Joint Municipal Authority
Articles of Incorporation
to the Secretary of the Commonwealth of Pennsylvania
In compliance with the Municipality Authorities Act of 1945, its supplements and amendments, the Town of McCandless, the Township of Ross, the Borough of Franklin Park and the Borough of Bradford Woods, municipal corporations situate in the County of Allegheny and Commonwealth of Pennsylvania, pursuant to identical ordinances duly adopted by the governing bodies of such municipalities, hereby signify their joint desire and intention to form an authority under said Act and do hereby certify as follows:
1.
That the name of the Authority shall be the "Northland Public Library Authority."
2.
That this Authority is formed under and pursuant to the provisions of the Municipality Authorities Act of 1945, its supplements and amendments.
3.
That no other authority or joint authority organized under the Municipality Authorities Act, its supplements and amendments, or under the Act approved June 28, 1935, P.L. 463, as amended, is in existence in or for the incorporating municipalities named herein, except as follows:
(1)
The McCandless Township Sanitary Authority organized by the Township of McCandless, County of Allegheny, Commonwealth of Pennsylvania (predecessor to the Town of McCandless), under and pursuant to the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of furnishing sanitary sewage collection and disposal systems for the Township of McCandless, County of Allegheny and Commonwealth of Pennsylvania (predecessor to the Town of McCandless).
(2)
The Franklin Park Authority organized by the Township of Franklin, County of Allegheny and Commonwealth of Pennsylvania (predecessor to the Borough of Franklin Park), under and pursuant to the provisions of the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of furnishing a sanitary sewage collection and disposal system for the Borough of Franklin Park, Allegheny County, Pennsylvania.
(3)
North Allegheny Joint Authority, Allegheny County, Pennsylvania, organized by the Township of Franklin, Allegheny County, Pennsylvania (predecessor to the Borough of Franklin Park), the Township of Marshall, Allegheny County, Pennsylvania, the Township of McCandless, Allegheny County, Pennsylvania (predecessor to the Town of McCandless) and the Borough of Bradford Woods, Allegheny County, Pennsylvania, under and pursuant to the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of acquiring, holding, constructing, improving, maintaining, owning and leasing, either in a capacity of lessor or lessee, of public school buildings and the acquiring of necessary sites therefor.
(4)
McCandless Franklin Park Ambulance Authority, organized by the Town of McCandless, Allegheny County, Pennsylvania, and the Borough of Franklin Park, Allegheny County, Pennsylvania, under and pursuant to the Municipality Authorities Act of 1945, its supplements and amendments, for the purpose of furnishing ambulance service to the residents of the Town of McCandless and the Borough of Franklin Park.
The Authority shall be organized and operated exclusively for charitable, scientific, literary and educational purposes permitted within the scope of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). In furtherance of these purposes, the Authority may exercise all rights and powers conferred by the laws of the Commonwealth of Pennsylvania upon corporations which are municipal authorities under the Pennsylvania Municipal Authorities Act of 1945, as amended.
[Added 8-20-1997 by Ord. No. 448]
The Authority does not contemplate pecuniary gain or profit, incidental or otherwise. No part of the net earnings of the Authority shall inure to the benefit of any director or officer of the Authority or any private individual (except that reasonable compensation may be paid for services rendered to or for the Authority effecting one or more of its purposes), and no director or officer of the Authority or any private individual shall be entitled to share in the distribution of any of the assets of the Authority on dissolution of the Authority. No substantial part of the activities of the Authority shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Authority shall not participate in, or intervene in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office.
[Added 8-20-1997 by Ord. No. 448]
Notwithstanding any other provision of these Articles of Incorporation, the Authority shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization described in Section 501(c)(3) of the Code and its regulations, as they now exist or as they may hereafter be amended. In addition, notwithstanding any other provision of these Articles of Incorporation, the Authority shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization contributions to which are deductible under Section 170 of the Code and its regulations, as they now exist or as they may hereafter be amended.
[Added 8-20-1997 by Ord. No. 448]
Upon dissolution of the Authority or the winding up of its affairs, the Board of the Authority shall, after making provision for the payment of all of the liabilities of the Authority, dispose of all of the assets of the Authority exclusively for the purposes of the Authority in such manner or to such organizations which are described in Section 501(c)(3) of the Code or the corresponding provisions of any subsequent United States Internal Revenue Law, by distributing those assets among the then participating municipalities in the ratio that the financial contribution of each municipality from the inception of The Northland Public Library in 1968 bears to the total financial contribution of all of the participating municipalities from the inception of the said Library. Any assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Authority is then located to such organizations described in Section 501(c)(3) of the Code or in accordance with the corresponding provisions of any subsequent United States Internal Revenue Law, as such court shall determine.
[Added 8-20-1997 by Ord. No. 448]
In any year in which the Authority is a private foundation as described in Section 509(a) of the Code, the Authority shall distribute its income for said period in such time and manner as not to subject it to tax under Section 4942 of the Code, and the Authority shall not: (a) engage in any act of self-dealing as defined in Section 4941(d) of the Code; (b) retain any excess business holdings as defined in Section 4943(c) of the Code; (c) make any investments in such a manner as to subject the Authority to tax under Section 4944 of the Code; or (d) make any taxable expenditures as defined in Section 4945(d) of the Code or corresponding provisions of any subsequent federal tax laws.
[Added 8-20-1997 by Ord. No. 448]
4.
The purpose of the Authority is to provide free library service to the residents of the Town of McCandless, the Township of Ross, the Borough of Franklin Park and the Borough of Bradford Woods.
5.
The respective names of the incorporating municipalities are:
Town of McCandless
Township of Ross
Borough of Franklin Park
Borough of Bradford Woods
6.
The names and addresses of the municipal authorities of each of the incorporating municipalities are as follows.[1]
7.
The Board of the Authority, to be formed pursuant to these Articles, shall consist of six members, each of whom, except for those who shall be members of the first Board of the Authority, shall be appointed for terms of five years each. No Board member shall be a paid employee of the Authority. The members of the Board of the Authority shall be apportioned among the several municipalities as follows:
Municipality
Number of Board Members
Town of McCandless
2
Township of Ross
2
Borough of Franklin Park
1
Borough of Bradford Woods
1
8.
The names and addresses of the members of the first Board of the Authority, the municipality by which each such member has been appointed and the dates of expiration of their respective terms are as follows.[2]
9.
Whenever a vacancy has occurred or is about to occur by reason of the expiration of the term of any member, the participating municipality which appointed the member whose term has expired or is about to expire shall appoint a successor member for a full term of five years.
10.
Actions of the Board of the Authority shall be taken or made in accordance with a weighted voting formula according to the population of the participating municipalities as will be more fully set forth in the bylaws of the Authority and an agreement between the participating municipalities.
11.
The Authority will be funded by the participating municipalities in accordance with an assessed value formula and a per capita formula as will be more fully set forth in the bylaws of the Authority and an agreement between the participating municipalities.
12.
The Borough of Franklin Park, Allegheny County, Pennsylvania, became a member of the Northland Public Library Authority by virtue of a certificate approved by the Secretary of the Commonwealth with all the rights, powers, duties and responsibilities as set forth in the approved application.
[Added 8-20-1997 by Ord. No. 448]
WITNESS the due execution of these Articles by each of the incorporating municipalities, all as of the _____ day of __________ 1977.
ATTEST:
TOWN OF McCANDLESS
  Secretary
  President of Council
 
ATTEST:
TOWNSHIP OF ROSS
  Secretary
  President, Board of Commissioners
 
ATTEST:
BOROUGH OF FRANKLIN PARK
  Secretary
  President of Council
 
ATTEST:
BOROUGH OF BRADFORD WOODS
  Secretary
  President of Council
[1]
Editor's Note: The names and addresses of the municipal authorities are on file in the Borough offices and are available for public inspection during regular office hours.
[2]
Editor's Note: The names and addresses of the first Board of the Authority are on file in the Borough offices and are available for public inspection during regular office hours.
The following person is hereby appointed a member of the first Board of the Authority, who shall serve in accordance with Section 8 of the proposed Articles of Incorporation, for the term as set forth opposite her name.[1]
[1]
Editor's Note: The name, address and term of office of the appointed member of the Board of Authority is on file in the Borough offices and is available for public inspection during regular office hours.
Until such time as the incorporating municipalities shall otherwise provide by resolution, the members of the Board of the Authority shall receive no compensation for their services as Board members.
The Articles of Incorporation of the proposed Authority, in substantially the same form as set forth in § 10-13 of this article, shall be executed on behalf of the Borough of Franklin Park by the President of its Borough Council and under its Municipal Seal, attested by the Borough Secretary and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the aforesaid Municipality Authorities Act of 1945, its supplements and amendments.[1]
[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.