[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 4-15-1958.
Amendments noted where applicable.]
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.
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:
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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 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:
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1.
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The name of the Authority is "Upper Montgomery Joint 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, 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.
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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,_ 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.
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4.
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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.
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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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Borough of Red Hill, Montgomery County, Pennsylvania
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Office
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Name
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Address
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Burgess
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R. B. Walker
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8th and Washington Streets Red Hill, Pennsylvania
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Councilman and President of Council
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A. R. Shup
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632 Main Street Red Hill, Pennsylvania
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Councilman
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J. Bruce Wallace
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Jefferson Street Red Hill, Pennsylvania
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Councilman
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Walter Fronheiser
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Washington Street Red Hill, Pennsylvania
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Councilman
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Harold L. Schwenk
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616 Washington Street Red Hill, Pennsylvania
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Councilman
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Wilford R. Gaugler
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West Second Street Red Hill, Pennsylvania
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Councilman
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M. C. Wehr
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204 Sixth Street Red Hill, Pennsylvania
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Councilman
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C. R. Hille- gass
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North Main Street Red Hill, Pennsylvania
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Burgess
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George Ruth
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417 Seminary Avenue Pennsburg, Pennsylvania
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Councilman and President of Council
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Dr. Robert Maglieri
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516 Main Street Pennsburg, Pennsylvania
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Councilman
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Elmer Jones
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710 Main Street Pennsburg, Pennsylvania
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Councilman
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Stanley Berger
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118 Main Street Pennsburg, Pennsylvania
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Councilman
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Roger Kline
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East Eighth Street Pennsburg, Pennsylvania
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Councilman
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Donald Fox
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490 Macoby Street Pennsburg, Pennsylvania
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Councilman
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Harvey Freed
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656 Main Street Pennsburg, Pennsylvania
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Councilman
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Charles Roberts
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231 Seminary Avenue Pennsburg, Pennsylvania
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Borough of East Greenville,
Montgomery County, Pennsylvania
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Office
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Name
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Address
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Burgess
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Franklin B. Snyder
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222 Jefferson Street East Greenville, Pennsylvania
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Councilman and President of Council
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Ralph P. Frutchey
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432 Third Street East Greenville, Pennsylvania
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Councilman
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Clarence A. Roth
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513 Jefferson Street East Greenville, Pennsylvania
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Councilman
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Wilmer A. Leister
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12 Cherry Street East Greenville, Pennsylvania
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Councilman
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Aaron H. Stoudt
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North Washington Street East Greenville, Pennsylvania
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Councilman
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Robert A. Thomas
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138 Main Street East Greenville, Pennsylvania
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Councilman
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Alton R. Bauman
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Cherry Street East Greenville, Pennsylvania
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Councilman
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Lester K. Bieler
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440 Fourth Street East Greenville, Pennsylvania
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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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Name
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Address
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Appointee of the Borough of
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Term of Office
(number of years from January 1, 1959)
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Clarence R. Richard
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368 Main Street Red Hill, Pa.
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Red Hill
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5 years
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R. B. Erb East Greenville, Pa.
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148 Jefferson Street Greenville
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East
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4 years
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Forrest J. Beyer
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805 Main Street Red Hill, Pa.
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Red Hill
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3 years
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John F. Keelor
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771 Main Street Pennsburg, Pa.
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Pennsburg
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2 years
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Foster C. Hillegass
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404 Main Street Pennsburg, Pa.
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Pennsburg
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1 year
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Wilmer G. Dimmig
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232 Main Street East Greenville, Pa.
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East Greenville
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1 year
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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 two 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. 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.
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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.
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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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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.
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BOROUGH OF RED HILL, MONTGOMERY COUNTY, PENNA.
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Attest:
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By:..........................
Burgess
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Secretary
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By:.........................
President of Council
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(SEAL)
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BOROUGH OF PENNSBURG, MONTGOMERY COUNTY, PENNA.
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Attest:
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By:..............................
Burgess
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................................
Secretary
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By:............................
President of Council
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(SEAL)
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BOROUGH OF EAST GREENVILLE, MONTGOMERY COUNTY, PENNA.
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Attest:
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By:.............................
Burgess
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Secretary
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By:..............................
President of Council
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(SEAL)
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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.
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.
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:
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Name
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Address
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Term of Office
(number of years)
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John F. Keelor
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771 Main Street Pennsburg, Pa.
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2
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Foster C. Hillegass
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404 Main Street Pennsburg, Pa.
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1
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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.
