[HISTORY: Adopted by the Council of the Borough of Darby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-1938 by Ord.
No. 317, approved 6-14-1968]
The Borough of Darby does hereby signify intention to organize
an Authority, together with the Townships of Springfield and Upper
Darby and the Boroughs of Aldan, Clifton Heights, Collingdale, Colwyn,
Lansdowne, Sharon Hill and Yeadon, under the provisions of the Acts
of Assembly and the amendments and supplements thereto.
The proper officers are hereby authorized and directed to organize
the said Authority in conjunction with the proper officers of the
aforesaid townships and boroughs, and together with the aforesaid
officers to execute the Articles of Incorporation and to file the
same with the Secretary of the Commonwealth of Pennsylvania as provided
by law.
The said Articles of Incorporation shall be as follows:
A.
The
name of the Authority shall be the "Darby Creek Joint Authority."
B.
C.
No
other Authority organized under the Municipal Authority Act of 1937
(Act No. 200) nor under the Act approved December 27, 1933 (Special
Session 1933, P.L. 114)[3] is in existence in or for the incorporating municipalities.[4]
[3]
Editor's Note: 16 P.S. § 12601 et seq.
[4]
Editor's Note: Former Subsections D and E, which immediately
followed this subsection and listed the names and addresses of the
municipal officers of each municipality and of the initial Board members
of the Authority, were repealed 3-5-1975 by Ord. No. 557, approved
3-5-1975.
D.
The
term of existence shall be to a date not exceeding 50 years from the
date of approval of the Articles of Amendment.
[Added 10-16-2013 by Ord.
No. 763, approved 10-16-2013]
A.
Commissioners
or Councils, as the case may be, of each municipality creating the
said Joint Authority, shall appoint one member of the Board of the
said Authority.
B.
The
Townships of Springfield and Upper Darby shall appoint one member
each for a period of five years; the Boroughs of Sharon Hill and Lansdowne,
for a period of four years; the Boroughs of Darby and Yeadon, for
a period of three years; the Boroughs of Collingdale and Aldan, for
a period of two years; and the Boroughs of Clifton Heights and Colwyn,
for a period of one year. Thereafter the said Commissioners or Councils,
as the case may be, shall, at a meeting held not later than one month
prior to January 1 in each year in which a vacancy occurs in the office
filled by that municipality, 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.
C.
All
vacancies shall be filled by the governing body of the municipality
whose appointee has vacated his office.
[Adopted 9-22-2004 by Ord. No. 709, approved 9-22-2004]
A.
The
Legislature of the Commonwealth of Pennsylvania recently amended the
aforementioned Urban Redevelopment Law[1] to provide that a Borough such as the Borough of Darby,
which has a population greater than 10,000, may authorize the creation
of a redevelopment authority under the terms and conditions of set
forth in the Urban Redevelopment Law.
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
B.
There
exists in the Borough areas that are blighted based on, inter alia,
unsafe, unsanitary, inadequate and/or overcrowded dwellings; inadequate
planning; excessive land coverage by buildings; the lack of proper
light, air and open space; the design and arrangement of the buildings;
street or lot layout; and/or economically or socially undesirable
land uses.
C.
The
blighted conditions, or combination of some or all of them, have and
will continue to result in rendering such areas economic and/or social
liabilities; harmful to the social and/or economic well-being of Darby
Borough; depreciating home values; reducing tax revenues, depreciating
home values Borough-wide.
D.
The
foregoing conditions are beyond the control of regulatory processes
in certain blighted areas, or portions thereof, and cannot be effectively
dealt with by private enterprise under existing law without the additional
aids provided for in the Urban Redevelopment Law. Such conditions
exist chiefly in areas that are so subdivided into small parcels and
in divided ownerships, that assembly for purposes of clearance, replanning
and redevelopment is difficult and impossible without the effective
public power of eminent domain.
A.
Based
on the foregoing findings, it is declared as the Borough's policy,
as a means of further promoting the health, safety and welfare of
the Borough's inhabitants, to create a body corporate and politic,
to be known as the Borough of Darby Redevelopment Authority, which
shall be organized and operate in accordance with the terms and conditions
of the aforementioned Urban Redevelopment Law.[1]
[1]
Editor's Note: See 35 P.S. § 1701 et seq.
B.
The
Redevelopment Authority shall exist and operate for all such purposes
and possess such power and authority as more fully set forth in the
aforementioned Urban Redevelopment Law, including but not limited
to the elimination of blighted areas through economically and socially
sound redevelopment, as provided by ordinance, in conformity with
the development of a Comprehensive Plan for residential, recreation,
commercial, industrial or other purposes, and otherwise encouraging
the provision of healthful homes, a decent living environment and
adequate places of employment for the people of the Borough. It is
further declared that these purposes are hereby public uses for which
public money may be spent and private property may be acquired by
the exercise of the power of eminent domain.
A.
The
Borough Council of the Borough of Darby shall appoint the members
of this Authority.
B.
This
Authority shall consist of five members.
C.
The
terms of the first members shall be set such that no more than one
member shall be replaced or reappointed during any one calendar year.
Successors of the initial members shall serve for terms of five years.
An appointment to fill a vacancy shall be only for the unexpired portion
of the term.
D.
The
Authority shall elect its own chairperson and vice chairperson, and
may select, in such manner as it determines, other necessary officers.
The offices of chairperson, vice-chairperson, and any other offices,
shall have a term of one year, and the Authority shall reorganize
annually. Three members of the Authority shall constitute a quorum
for its meetings.
E.
Members
shall have the power to adopt rules, regulations and by-laws, which
shall be consistent with the ordinances of Darby Borough and the laws
of the Commonwealth of Pennsylvania.
The laws of the Commonwealth of Pennsylvania and Code of the
Borough of Darby shall govern the Authority and all of its actions.
