[Adopted 7-13-1981 by Ord. No. 1981-2 as
Ch. I, Part 2A, of the 1981 Code]
The Council of Latrobe aforesaid hereby signifies
its intention and desire to organize an Authority under the Municipality
Authorities Act, approved June 28, 1935, P.L. 463, as amended and
supplemented by the Act of May 20, 1937, P.L. 739, as amended by the
Act of May 17, 1939, P.L. 167.[1]
[1]
Editor's Note: See P.S. § 301 et
seq.
The President and Secretary of the Council are
hereby authorized and directed to execute, on behalf of Latrobe, Articles
of Incorporation for said Authority in substantially the following
form:
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Municipal Authority
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Articles of Incorporation
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To: The Secretary of the Commonwealth of Pennsylvania:
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In compliance with the
requirements of the Act of June 28, 1935, P.L. 463, as amended and
supplemented by the Act of May 20, 1937, P.L. 739, and by the Act
of May 17, 1939, P.L. 167, the Council of Latrobe, a municipal corporation
of the County of Westmoreland and Commonwealth of Pennsylvania, pursuant
to a duly adopted resolution or ordinance authorizing the formation
of a Municipal Authority, hereby certifies:
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(a)
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The name of the Municipal Authority shall be
the "Municipal Authority of Latrobe, Westmoreland County, Pennsylvania."
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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 and supplemented
by the Act of May 20, 1937, P.L. 739, and by the Act of May 17, 1939,
P.L. 167.
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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 and supplemented by the Act
of May 20, 1937, P.L. 739, and by the Act of May 17, 1939, P.L. 167,
or under the Act of December 27, 1933 (Special Session P.L. 114) is
in existence in or for the incorporating municipality, said Latrobe,
County of Westmoreland and Commonwealth of Pennsylvania.
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(d)
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The name of the incorporating municipality is
"Latrobe, County of Westmoreland and Commonwealth of Pennsylvania,"
and the names and addresses of the Burgess and Councilmen of said
incorporating municipality are as follows: . . .
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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 to be formed hereby
are as follows: . . .
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(f)
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The term of existence of this Authority is increased
to January 1, 2023.
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(g)
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From and after January 1, 1974, the Board of
the Authority shall consist of six persons, all appointed by the governing
body of the incorporating municipality, and each of whom shall be
a taxpayer in, maintain a business in or be a citizen of the municipality
by which he was appointed or of a municipality into which one or more
of the projects of the Authority extends or is to extend, in accordance
with the applicable laws and existing agreement with respect to the
same, with the existing members of the Board of the Authority duly
appointed to serve for their respective terms as so appointed, and
the new member of the Board of the Authority to serve for an initial
term ending December 30, 1978.
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The name, address and
term of office of the sixth member of the Board of said Authority
is as follows: . . .
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It is hereby specified that the project first
to be undertaken by the Municipal Authority of Latrobe, Westmoreland
County, Pennsylvania, a body corporate and politic, to be duly organized
under the Municipal Authorities Act of 1935, P.L. 463, as amended
and supplemented,[2] shall be the acquiring, holding, constructing, improving,
maintaining, operating, owning and leasing, either in the capacity
of lessor or lessee, of waterworks, water supply works and water distribution
systems in any or all of the following territories: namely, Latrobe,
Derry Township, Unity Township and Ligonier Township, Westmoreland
County, Pennsylvania, and in territory contiguous and adjacent thereto,
and said Authority shall undertake such other projects permitted and
authorized by the laws of the Commonwealth of Pennsylvania as Latrobe
may from time to time by ordinance or resolution designate.
The President and Secretary of Council are hereby
authorized, empowered and directed to do all such things and to enter
into such agreements as may be permitted by law in the name and on
behalf of said Latrobe as may be expedient to carry out and consummate
the objects and purposes of this article and in the creation of the
Municipal Authority of Latrobe, Westmoreland County, Pennsylvania,
and in the acquisition of waterworks, water supply works and water
distribution systems authorized and designated to be acquired or leased
and operated by said Authority by and under the authority of this
article. The right and privilege to maintain and operate water distribution
systems and equipment in, upon and under the streets and highways
of Latrobe is hereby fully given, granted and confirmed unto the Municipal
Authority of Latrobe, Westmoreland County, Pennsylvania.
This article is deemed necessary for the benefit
and preservation of public health, peace, comfort and general welfare
of the citizens of Latrobe and the territory contiguous and adjacent
thereto, including the Townships of Derry, Unity and Ligonier, Westmoreland
County, Pennsylvania.
A.
The salary of each member of the Board of the Municipal
Authority of Latrobe is hereby fixed at $300 per annum, payable quarterly.
B.
The aforesaid salaries shall be payable only from
the funds of the Municipal Authority, and if there are not sufficient
revenues available to pay the salaries after payment of the obligations
provided for in Section 5.19 of the Trust Indenture of May 1, 1943,
between the Authority and the Union Trust Company of Pittsburgh, then
the salaries shall be reduced pro rata.
