[HISTORY: Adopted by the Borough Council
of the Borough of New Wilmington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-21-1983 by Ord. No. 382 (Ch.
I, Part 2, Sections 23 through 26, of the 1967 Code)]
It is the desire and intention of the municipal
authorities of the Borough of New Wilmington to organize an Authority
under the Municipality Authorities Act of 1945, approved May 2, 1945,
P.L. 382, as amended and supplemented,[1] for the purpose of exercising any and all of the powers conferred on authorities by said Act for the projects referred to in § 18-5 of this article.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
[Amended 10-7-1991 by Ord. No. 409]
The name of the proposed Authority is "New Wilmington
Municipal Authority."
The proposed Articles of Incorporation of the
proposed Authority are as follows:
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ARTICLES OF INCORPORATION
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OF
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NEW WILMINGTON MUNICIPAL AUTHORITY
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To the Secretary of the
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Commonwealth of Pennsylvania:
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In compliance with the provisions of the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended
and supplemented, the Borough of New Wilmington, Lawrence County,
a political subdivision under the laws of the Commonwealth of Pennsylvania,
pursuant to an ordinance duly enacted and ordained by the Borough
Council of said Borough and duly approved by the Mayor of said Borough,
being the municipal authorities of said Borough, and published in
accordance with law, hereby certifies that:
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(a)
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The name of the Authority shall be New Wilmington
Municipal Authority.
[Amended 10-7-1991 by Ord. No. 409] | |
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(b)
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The Authority is formed under the Municipality
Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended
and supplemented.
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(c)
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No municipal authority has been organized by
the Borough Council and Mayor of the Borough of New Wilmington under
the Municipality Authorities Act of 1945, as amended and supplemented,
or under the Act approved June 28, 1935, P.L. 463, as amended and
supplemented, and is in existence in or for the incorporating municipality.
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(d)
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The name of the incorporating municipality is
the Borough of New Wilmington, situate in the County of Lawrence and
the Commonwealth of Pennsylvania, and the names and addresses of its
municipal authorities, being the members of Borough Council and Mayor,
are as follows.[1]
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(e)
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The following persons, each of whom is either a taxpayer in,
maintains a business in, or is a citizen in the municipality by which
he/she is appointed, or a taxpayer in, maintains a business in, or
is a citizen of a municipality into which the project of the Authority
extends or is to extend:[2]
[Amended 9-19-2016] | |
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(f)
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The term of existence of said Authority is hereby increased
to the date fifty (50) years from the date of approval by the Secretary
of the Commonwealth of Pennsylvania of the Articles of Amendment proposing
such increase in the term of existence of said Authority.
[Added 9-19-2016] | |
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WITNESS the due execution of these Articles
of Incorporation on this 21st day of November, 1983.
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BOROUGH OF NEW WILMINGTON
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By: /s/ William E. Blackburn
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Attest:
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President of Council
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/s/ Peggy Sherrod
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Borough Secretary
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[BOROUGH SEAL]
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The Articles of Incorporation of the proposed Authority, in substantially the form set forth in § 18-3 of this article, shall be executed on behalf of the borough by the President of Council and the seal of the borough shall be affixed thereto and attested by the Borough Secretary, and such officers are hereby authorized, empowered and directed to do all the things necessary and appropriate to effect and establish said proposed Authority in conformity with the provisions of the Municipality Authorities Act of 1945, as amended and supplemented.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
[Amended 10-7-1991 by Ord. No. 409]
In accordance with the provisions of Section
4A of said Act,[1] it is hereby specified that the projects to be undertaken
by the proposed Authority are hereby limited and restricted to projects
of the following kind and character:
A.
The Authority may finance, construct or otherwise
acquire, purchase, hold, lease or sublease, either in the capacity
of lessee or lessor, for private, nonprofit, nonsectarian colleges
and universities, state-related universities and community colleges,
which are determined by the Authority to be eligible educational institutions,
land, buildings or other facilities to be devoted wholly or partially
for public uses or for revenue-producing purposes or for any other
purpose permitted by said Act, whether said projects are situated
in the County of Lawrence or elsewhere in the Commonwealth of Pennsylvania.
B.
The Authority may provide waterworks, water supply
works, water distribution systems, water lines, connections, pressure
tanks, stand tanks, reservoirs, fire hydrants and similar items necessary
to provide water services to the Borough of New Wilmington, including
fire protection services, and to provide such services to such additional
areas outside of the borough as the Authority may deem in its discretion
with approval by Borough Council to be able to be conveniently served
by the Authority on a profitable basis and within the capacity of
the Authority to serve without jeopardizing service to current customers,
and in carrying out the foregoing, the Authority may finance, construct
or otherwise acquire, purchase, hold, lease or sublease, either in
the capacity of lessee or lessor, such equipment, land, buildings,
rights-of-way or other facilities necessary or convenient for such
purpose as permitted by the Act,[2] whether such projects are situated in the County of Lawrence
or elsewhere in the Commonwealth of Pennsylvania.
[2]
Editor's Note: See 53 P.S. § 301
et seq.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The proposed Authority shall not pledge the credit or the taxing power of the Borough of New Wilmington or the Commonwealth of Pennsylvania or any political subdivision thereof for the payment of any indebtedness or obligation of the proposed Authority, and all such indebtedness and obligations shall be payable only out of the receipts and revenues of the proposed Authority from the projects undertaken by it in accordance with the provisions of § 18-5 of this article.
[Added 10-7-1991 by Ord. No. 409]
Upon this article becoming effective, the Mayor,
President of Council and Borough Secretary are authorized on behalf
of the Borough of New Wilmington to execute leases, deeds, bills of
sale and such other documents as may be necessary or convenient to
lease, convey, assign or otherwise transfer to the Authority such
interests of the borough in real property as the Authority and the
within named borough officers in their discretion deem necessary or
convenient to the Authority in carrying out its responsibilities hereunder.
