[HISTORY: Adopted by the Borough Council of the Borough of
Summit Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-17-1950]
That a body politic and corporate known as "Summit Hill Water
Authority" is and the same is hereby created for the purpose of acquiring
by purchase, owning, leasing, holding, constructing, improving maintaining
and operating the property and franchises of the Summit Hill Water
Company, a privately owned company, with all the powers granted under
the Municipalities Authorities Act of 1945, May 2, P.L. 382, Section
1 et seq.,[1] and necessary or convenient for the carrying out of the
aforesaid purposes within the Borough of Summit Hill and such territories
adjacent thereto as are presently a part of the water system now in
place and serviced thereby, or necessary and convenient thereto.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
The Articles of Incorporation of the said "Summit Hill Water
Authority" are as follows:
A.
The name of the corporate body is "Summit Hill Water Authority."
B.
The Summit Hill Water Authority is formed under Municipal Authorities
Act of 1945, May 2, P.L. 382, Section 1 et seq.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
C.
No other authority has been organized or created in the Borough of
Summit Hill under said Municipal Authorities Act of 1945 or under
Act of 1935, June 28, P.L. 463, repealed, and said Borough of Summit
Hill is not presently engaged, singly or in conjunction with any other
municipality or municipalities, in the functions of any authority
the purpose of which is to own control or operate a waterworks system
in the Borough of Summit Hill or elsewhere.
D.
The incorporating municipality is the Borough of Summit Hill, Carbon
County, Pennsylvania, and the names and addresses of its municipal
authorities are as follows:[2]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[2]
Editor's Note: The names and address of the original officials
are on file in the Borough offices.
E.
The names, addresses and terms of office of the members of the initial
Board of said Summit Hill Water Authority are:[3]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
Editor's Note: The names, address and terms of the initial
Board members are on file in the Borough offices.
[Adopted 6-4-1963 by Ord. No. 6-1963]
The Council of the Borough of Summit Hill signifies its intention
and desire to organize an authority jointly with the Boroughs of Lansford,
Carbon County, Pennsylvania, and the Borough of Coaldale, Schuylkill
County, Pennsylvania, under provisions of the Act of May 2, 1945,
P.L. 382, as amended and supplemented, known as the "Municipality
Authorities Act of 1945" (the "Authorities Act"),[1] for the following purposes: to acquire, hold, construct,
improve, maintain, operate, own and 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.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
The President or Vice President of the Borough Council and Secretary
or Assistant Secretary, respectively, of this Borough are authorized
and directed to execute, in behalf of the Borough, Articles of Incorporation
for such Authority in substantially the following form.
The President or Vice President and Secretary or Assistant Secretary,
respectively, of this Borough, acting jointly with appropriate officers
of the Boroughs of Lansford, Carbon County, Pennsylvania and Coaldale,
Schuylkill County, Pennsylvania, are authorized and directed to cause
notice of the substance of this article, including the substance of
the foregoing Articles of Incorporation, and of the proposed filing
of such Articles of Incorporation, to be published as required by
the Authorities Act.
The President or Vice President and Secretary or Assistant Secretary,
respectively, of this Borough, acting jointly with appropriate officers
of the Borough of Lansford, Carbon County, Pennsylvania, and the Borough
of Coaldale, Schuylkill County, Pennsylvania, are authorized and directed
to cause such Articles of Incorporation, together with necessary proofs
of publication, to be filed with the Secretary of the Commonwealth
of Pennsylvania and to do all other acts necessary or appropriate
to effect the incorporation of such Authority, including payment of
required filing fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The following named persons are appointed the first members
to represent this Borough on the Board of such Authority for the following
terms of office:[1]
[1]
Editor's Note: The names, addresses and terms of the initial
Board members are on file in the Borough offices.
The enactment of this article is deemed necessary for the benefit
of and preservation of the public health, peace, comfort and general
welfare of citizens of these Boroughs and will increase the prosperity
of citizens of these Boroughs.
