[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-14-1968 by Ord. No. 152 (Part
2, Ch. 3, Art. A, of the 1987 Code)]
The Borough of Trappe, of Montgomery County,
Pennsylvania, hereby signifies its intention and desire to organize
an authority jointly with the Borough of Collegeville, 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,[1] its amendments and supplements for the purpose of acquiring,
holding, constructing, improving, owning, leasing, either in the capacity
of lessor or lessee, maintaining and operating sewers, sewer systems,
or parts thereof, sewage treatment works, including works for treating
and disposing of industrial waste and the facilities and equipment
therefor; acquiring, holding, constructing, improving, maintaining
and operating, owning, leasing, either in the capacity of lessor or
lessee, waterworks, water supply works and water distribution systems.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601
et seq.
The Mayor, President of Council and the Secretary
of this Borough are authorized and directed to execute, on behalf
of this Borough, articles of incorporation for said Authority, in
substantially the following form:
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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 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 Collegeville
and Trappe, 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:
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1.
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The name of the Authority is "Collegeville-Trappe
Municipal Authority."
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2.
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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, owning, leasing, either in the capacity
of lessor or lessee, maintaining and operating sewers, sewer systems
or parts thereof, sewage treatment works, including works for treating
and disposing of industrial waste and the facilities and equipment
therefor; acquiring, holding, constructing, improving, maintaining
and operating, owning, leasing, either in the capacity of lessor or
lessee, waterworks, water supply works and water distribution systems.
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3.
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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, or is in
existence in or for the incorporating municipalities, except:
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(a)
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Collegeville-Trappe Joint School Authority heretofore
has been organized jointly by the Boroughs of Collegeville and Trappe,
both in Montgomery County, Pennsylvania, under the provisions of said
Authorities Act, and presently exists.
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4.
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The names of the incorporating municipalities
are:
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Borough of Collegeville, Montgomery County,
PA.
Borough of Trappe, Montgomery County, PA.
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5.
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The names and addresses of the municipal authorities
of said incorporating municipalities are: . . .
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[Here follow the names and addresses of the
Mayor and the members of council in office at the time of enactment
of Ord. No. 152]
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6.
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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:
. . .
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[Here follow the names and addresses of the
first members of the board, and, for each, the Borough for which he
is appointee, and his term of office, in years from January 1, 1969]
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7.
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The members of the Board of the said Authority
shall be six in number; and said members shall be apportioned on the
basis of three members for each of the incorporating municipalities.
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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. Each member of the Board of
the said Authority appointed to succeed any of the first members of
the Board shall hold office for a period of five years.
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The municipal authorities of each of said municipalities,
at a meeting held not later than one month prior to January 1st 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 1st, next succeeding.
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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.
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The adoption of this article is deemed necessary
for the benefit and preservation of the public health, peace, comfort
and general welfare of, and will increase the prosperity of the people
of this Borough.
[Adopted 11-29-1971 by Ord. No. 175 (Part
4, Ch. 3, of the 1987 Code)]
The Borough grants to the Authority, its successors
and assigns, all easements, rights-of-way and other rights and privileges
necessary and desirable in, along, over and under streets, roads,
lanes, courts, culs-de-sac, alleys, public ways, public squares and
other properties of this Borough, together with free ingress, egress
and regress therein and thereto, along with other persons having interests
or rights therein, for use in connection with constructing, replacing,
repairing, altering and maintaining the sewer system, as the same
shall exist, from time to time.
The rights and privileges granted to the Authority under § 11-4 shall be exercised by the Authority under and subject to such reasonable rules and regulations as shall be adopted and specified, from time to time, by resolution or ordinance of this Borough; and this Borough does reserve the right to adopt and specify, from time to time, such reasonable rules and regulations in connection with exercise by the Authority of such rights and privileges.
[Added 5-5-1987 by Ord. No. 236]
It shall be a violation of the Trappe Borough
Code whenever any property owner, be it an individual or business
entity, fails to supply information concerning the various discharges
into the authority sewer system after notice. The violator(s) of this
provision, shall, upon conviction on charges brought by the Collegeville-Trappe
Municipal Authority for every such violation, be sentenced to pay
a fine of not less than $25 or more than $300 and costs of prosecution,
or, in default of payment of fines and costs, to undergo imprisonment
for not more than 30 days; provided, each day's violation of any such
provision of this section shall constitute a separate violation.
