Borough of Pennsburg, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 4-15-1958. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 86.
Zoning — See Ch. 110.

§ 24-1 Intent to organize. [1]

The Council of the Borough of Pennsburg, Montgomery County, Pennsylvania, hereby signifies its intention and desire to organize an Authority jointly with the Borough of East Greenville and the Borough of Red Hill, both of Montgomery County, Pennsylvania, under the provisions of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," its amendments and supplements,[2] for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial waste and the facilities and equipment therefor.
[1]
Editor's Note: The Borough of Pennsburg, in conjunction with the Boroughs of Red Hill and East Greenville, all of Montgomery County, Pennsylvania, entered into an agreement 3-3-1960 with Upper Montgomery Joint Authority whereby the Authority covenanted to construct a sanitary sewage collection system and related sewer facilities in and for said boroughs, and the boroughs made certain agreements with respect to the proposed construction, including the requiring of abutting property owners to connect to said system, the granting of certain easements and rights-of-way and certain other related matters. On 4-6-1964, the Borough of Pennsburg entered into a supplemental agreement amending Section 2 of the original agreement but keeping the original agreement intact and operative. Said ordinances are on file in the office of the Borough Secretary.
[2]
Editor's Note: See 53 P.S. § 301 et seq.

§ 24-2 Articles of Incorporation.

The Mayor, President of Council and the Secretary of this borough are hereby authorized and directed to execute on behalf of this borough Articles of Incorporation for said Authority, in substantially the following form:
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA:
In compliance with the requirements of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended and supplemented,_ and pursuant to ordinances adopted by the municipal authorities of the Boroughs of Red Hill, Pennsburg and East Greenville, respectively, all situated in Montgomery County, Pennsylvania, expressing the intention and desire of the municipal authorities of said municipalities to organize a joint municipality authority under said Act, the said municipalities hereby do certify:
1.
The name of the Authority is "Upper Montgomery Joint Authority."
2.
The said Authority is formed under the provisions of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended and supplemented, for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial waste and the facilities and equipment therefor.
3.
No other Authority has been organized under the said Municipality Authorities Act of 1945, as amended and supplemented, or under the Act of June 28, 1935, P.L. 463, as amended,_ and is in existence in or for any of the incorporating municipalities, except Pennsburg Borough Authority incorporated January 16, 1952 for erection of the Pennsburg Auditorium.
4.
The names of the incorporating municipalities are: Borough of Red Hill, Montgomery County, Pennsylvania; Borough of Pennsburg, Montgomery County, Pennsylvania; Borough of East Greenville, Montgomery County, Pennsylvania.
5.
The names and addresses of the municipal authorities of said incorporating municipalities are:
Borough of Red Hill, Montgomery County, Pennsylvania
Office
Name
Address
Burgess
R. B. Walker
8th and Washington Streets Red Hill, Pennsylvania
Councilman and President of Council
A. R. Shup
632 Main Street Red Hill, Pennsylvania
Councilman
J. Bruce Wallace
Jefferson Street Red Hill, Pennsylvania
Councilman
Walter Fronheiser
Washington Street Red Hill, Pennsylvania
Councilman
Harold L. Schwenk
616 Washington Street Red Hill, Pennsylvania
Councilman
Wilford R. Gaugler
West Second Street Red Hill, Pennsylvania
Councilman
M. C. Wehr
204 Sixth Street Red Hill, Pennsylvania
Councilman
C. R. Hille- gass
North Main Street Red Hill, Pennsylvania
Burgess
George Ruth
417 Seminary Avenue Pennsburg, Pennsylvania
Councilman and President of Council
Dr. Robert Maglieri
516 Main Street Pennsburg, Pennsylvania
Councilman
Elmer Jones
710 Main Street Pennsburg, Pennsylvania
Councilman
Stanley Berger
118 Main Street Pennsburg, Pennsylvania
Councilman
Roger Kline
East Eighth Street Pennsburg, Pennsylvania
Councilman
Donald Fox
490 Macoby Street Pennsburg, Pennsylvania
Councilman
Harvey Freed
656 Main Street Pennsburg, Pennsylvania
Councilman
Charles Roberts
231 Seminary Avenue Pennsburg, Pennsylvania
Borough of East Greenville,
Montgomery County, Pennsylvania
Office
Name
Address
Burgess
Franklin B. Snyder
222 Jefferson Street East Greenville, Pennsylvania
Councilman and President of Council
Ralph P. Frutchey
432 Third Street East Greenville, Pennsylvania
Councilman
Clarence A. Roth
513 Jefferson Street East Greenville, Pennsylvania
Councilman
Wilmer A. Leister
12 Cherry Street East Greenville, Pennsylvania
Councilman
Aaron H. Stoudt
North Washington Street East Greenville, Pennsylvania
Councilman
Robert A. Thomas
138 Main Street East Greenville, Pennsylvania
Councilman
Alton R. Bauman
Cherry Street East Greenville, Pennsylvania
Councilman
Lester K. Bieler
440 Fourth Street East Greenville, Pennsylvania
6.
The names and addresses and terms of office of the first members of the Board of said Authority, each of whom is a resident and citizen of the appointing municipality, are as follows:
Name
Address
Appointee of the Borough of
Term of Office
(number of years from January 1, 1959)
Clarence R. Richard
368 Main Street Red Hill, Pa.
Red Hill
5 years
R. B. Erb East Greenville, Pa.
148 Jefferson Street Greenville
East
4 years
Forrest J. Beyer
805 Main Street Red Hill, Pa.
Red Hill
3 years
John F. Keelor
771 Main Street Pennsburg, Pa.
Pennsburg
2 years
Foster C. Hillegass
404 Main Street Pennsburg, Pa.
Pennsburg
1 year
Wilmer G. Dimmig
232 Main Street East Greenville, Pa.
East Greenville
1 year
7.
The members of the Board of the said Authority shall be six in number; and said members shall be apportioned on the basis of two members for each of the incorporating municipalities.
Each member of the Board of the said Authority shall be appointed by the municipal authorities of the municipality which he is to represent on said Board. The term of office of any members of the Board appointed to succeed any of the first members of the Board shall be for a period of five years.
The municipal authorities of each of said municipalities, at a meeting held not later than one month prior to January 1 in each year in which a vacancy will occur in the Board by reason of the expiration of the term of a member appointed by that municipality, shall appoint, as a member of the Board, a citizen of that municipality, for a term of five years, to succeed the member whose term expires on January 1 next succeeding.
Any other vacancy in the Board shall be filled by the municipal authorities of the municipality which appointed the member whose vacancy is to be filled and the person so appointed to fill said vacancy shall hold office for the remainder of the unexpired term of the member whose vacancy in office he has been appointed to fill.
IN WITNESS WHEREOF, the Boroughs of Red Hill, Pennsburg and East Greenville, all situated in Montgomery County, Pennsylvania, each have caused these Articles of Incorporation to be executed by its Burgess and its President of Council, attested by its Secretary and the seal of the borough to be affixed, this 15th day of April 1958.
BOROUGH OF RED HILL, MONTGOMERY COUNTY, PENNA.
Attest:
By:..........................
    Burgess
.........................
    Secretary
By:.........................
    President of Council
(SEAL)
BOROUGH OF PENNSBURG, MONTGOMERY COUNTY, PENNA.
Attest:
By:..............................
    Burgess
................................
    Secretary
By:............................
    President of Council
(SEAL)
BOROUGH OF EAST GREENVILLE, MONTGOMERY COUNTY, PENNA.
Attest:
By:.............................
    Burgess
................................
    Secretary
By:..............................
    President of Council
(SEAL)

§ 24-3 Publication of notice of incorporation.

The Mayor, President of Council and Secretary of this borough further are directed to cause a notice of the substance of this chapter, including the substance of the above Articles of Incorporation, and of the proposed filing of the above Articles of Incorporation, to be published once in a newspaper published and of general circulation in the County of Montgomery, Pennsylvania, and once in the Montgomery County Law Reporter, all as required by the said Municipality Authorities Act of 1945, as amended and supplemented.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 24-4 Filing of articles and proofs of publication.

The Mayor, President of Council and Secretary of this borough further are directed to cause said Articles of Incorporation, together with the necessary proofs of publication, to be filed with the Secretary of the Commonwealth of Pennsylvania, and to do all other acts and things necessary or appropriate to effect the incorporation of Upper Montgomery Joint Authority, including the payment of any filing fees in connection therewith.

§ 24-5 Appointment of initial representatives to Board.

The following-named persons are hereby appointed as the first representatives of the Borough of Pennsburg to the Board of the Authority, for the following terms of office:
Name
Address
Term of Office
(number of years)
John F. Keelor
771 Main Street Pennsburg, Pa.
2
Foster C. Hillegass
404 Main Street Pennsburg, Pa.
1

§ 24-6 Declaration of necessity.

The adoption of this chapter is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare and will increase the prosperity of the people of this borough.