[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-8-1963 by Ord. No. 278]
The Borough Council of the Borough of Palmerton,
Carbon County, Pennsylvania, constituting the Municipal Authority
of said Borough as defined in the Act of Assembly known as the "Municipality
Authorities Act of 1945" (the Act of May 2, 1945, P.L. 382, as amended
and supplemented),[1] hereby signifies its intention to organize an authority
under the provisions of said Act.
[1]
Editor's Note: The Municipality Authorities
Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act
22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The name of the proposed authority is the "Palmerton
Municipal Authority." In pursuance of said intention, the Articles
of Incorporation of the said Authority are hereby approved and adopted
by the Borough Council in the following form:
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ARTICLES OF INCORPORATION
PALMERTON MUNICIPAL AUTHORITY
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To the Secretary of the Commonwealth of Pennsylvania:
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In compliance with the Municipal
Authorities Act of 1945 (the Act of May 2, 1945, P.L. 382, as amended
and supplemented),[1] the Borough of Palmerton, Carbon County, Pennsylvania,
pursuant to an ordinance duly enacted by the Borough Council of said
Borough authorizing and directing the formation of an authority under
said Act, DOES HEREBY CERTIFY:
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(a)
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The name of the Authority shall be the "Palmerton
Municipal Authority."
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(b)
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The said Authority is formed under the Municipality
Authorities Act of 1945. Said Authority shall be organized for all
of the purposes set forth in said Act and shall have all of the powers
granted in said Act.
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(c)
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No other authority has been organized under
the Municipality Authorities Act of 1945 or under the Act approved
June 28, 1935, P.L. 463, or is in existence in and for the said Borough
of Palmerton, with the exception of the Palmerton Area School District
Authority, which school district has as one of its component parts
the territory within the Borough of Palmerton.
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(d)
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The name of the incorporating municipality is
the Borough of Palmerton, Carbon County, Pennsylvania, and the names
and addresses of its municipal authorities are as follows.[2]
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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 are as follows.[3]
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IN WITNESS WHEREOF, the Borough
of Palmerton, Carbon County, Pennsylvania, has caused these Articles
of Incorporation to be duly executed on behalf of said Borough by
its proper officers hereunto duly authorized and under its municipal
seal this eighth day of July 1963.
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BOROUGH OF PALMERTON
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By Miles S. Mertz
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Mayor
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Orville O. Gruber
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President of Borough Council
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(SEAL)
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Attest:
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Lester D. Mack
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Secretary
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COMMONWEALTH OF PENNSYLVANIA
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)
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:
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SS:
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COUNTY OF CARBON
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)
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On this eighth day of July 1963,
before me, a notary public in and for said commonwealth, personally
appeared the above-named Miles S. Mertz, Orville O. Gruber and Lester
D. Mack, who stated that their official positions in the Borough of
Palmerton, Carbon County, Pennsylvania, are respectively Mayor, President
of Borough Council and Secretary of said Borough and who, in due form
of law, acknowledged the foregoing Articles of Incorporation to be
the act and deed of the Borough of Palmerton for the purposes therein
specified.
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Ellen Webb
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Notary Public
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Notary Public, Palmerton,
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Carbon County, Pa.
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My Commission Expires
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January 7, 1967
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[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: The names and addresses of the Mayor, Council
members, Secretary and Treasurer of the Borough in office at the time
of the sigining of the Articles of Incorporation have been omitted,
as they are obsolete. The original ordinance, on file in the office
of the Borough Secretary, contains the complete listing of names and
addresses.
[3]
Editor's Note: The listing of names, addresses and terms of
office of the first members of the Board of Authority has been omitted,
as it is obsolete. The original ordinance, on file in the office of
the Borough Secretary, contains the complete listing.
The first members of the Board of Palmerton
Municipal Authority named in the aforesaid Articles of Incorporation
are hereby specifically appointed members of said Board for the terms
of office set after their respective names, which terms shall commence
on the date of appointment and shall be computed from the first day
of January 1964.
Palmerton Municipal Authority shall be organized
for all of the purposes set forth in the Municipality Authorities
Act of 1945 and shall have all of the powers granted in said Act.
The first project to be undertaken by the Authority
shall be to acquire, hold, construct, improve, maintain and operate,
own or lease, either in the capacity of lessor or lessee, sewers,
sewer systems or parts thereof and sewage treatment works, including
works for treating and disposing of industrial wastes, for the Borough
of Palmerton and for such other territory as it may be authorized
to serve, and said Authority shall not undertake any other projects
unless specifically authorized so to do by ordinance duly enacted
by the Borough Council of the Borough of Palmerton.
The proper officers of the Borough of Palmerton
are hereby authorized and directed to execute said Articles of Incorporation
on behalf of said Borough, the Secretary is authorized and directed
to attest the signatures of such officers and affix thereto the Seal
of the Borough, cause a notice of intention to file said Articles
of Incorporation to be published as required by law and to file said
Articles of Incorporation, together with a certified copy of this
Article and required proofs of publication, with the Secretary of
the Commonwealth of Pennsylvania, and to do, execute and perform any
and all acts and things necessary or appropriate to effect and establish
said Palmerton Municipal Authority.[1]
[1]
Editor's Note: Former Art. II, Palmerton Hospital Building
Authority, adopted 12-17-1975 by Ord. No. 361, consisting of former
§§ 20-7 through 20-11, which immediately followed this
section, was rescinded 7-27-2018 by Res. No. 602-18.
