[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-9-1962 by Ord.
No. 253 (Ch. I, Part 3, of the 1971 Code of Ordinances)]
The Council of this Borough signifies its intention and desire
to organize an Authority under provisions of the Act of May 2nd, 1945,
P.L. 382, known as the "Municipality Authorities Act of 1945, as amended
and supplemented (the "Authorities Act"),[1] for the purpose of exercising any and all powers conferred
by the Authorities Act.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
The Mayor, President of Council and Secretary, respectively,
of this Borough are authorized and directed to execute, in behalf
of this Borough, Articles of Incorporation for such 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 requirements of the Act of May 2nd, 1945,
P.L. 382, known as the "Municipality Authorities Act of 1945," as
amended and supplemented, and pursuant to an ordinance enacted by
the municipal authorities of the Borough of Tamaqua, Schuylkill County,
Pennsylvania, expressing the intention and desire of the municipal
authorities of said municipality to organize a municipality authority
under said Act, the incorporating municipality does certify:
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1.
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The name of the Authority is "Tamaqua Borough Authority."
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2.
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The Authority is formed under provisions of the Act of May 2nd,
1945, P.L. 382, known as the "Municipality Authorities Act of 1945,"
as amended and supplemented.
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3.
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No other Authority has been organized under said Municipality
Authorities Act of 1945, as amended and supplemented, or under the
Act of June 28, 1935, P.L. 463, as amended and supplemented, and is
in existence in or for the incorporating municipality.
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4.
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The name of the incorporating municipality is Borough of Tamaqua,
Schuylkill County, Pennsylvania.
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5.
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The names and addresses of the municipal authorities of said
incorporating municipality are. . . .[1]
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6.
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The names, addresses and terms of office of the first members
of the Board of Authority, each of whom is a resident and citizen
of said incorporating municipality, are as follows. . . .[2]
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The enactment of this ordinance is deemed necessary for the
benefit of and the preservation of the public health, peace, comfort,
and general welfare of and will increase the prosperity of citizens
of this Borough.
[Adopted 11-18-2014 by Ord. No. 676]
It is the intent of the Borough Council of the Borough of Tamaqua
to organize an authority under provisions of the Municipality Authorities
Act.
The name of the authority shall be the "Tamaqua Community Revitalization
and Improvement Zone Contracting Authority".
[Amended 3-16-2021 by Ord. No. 723]
The proposed Articles of Incorporation of said Tamaqua Community
Revitalization and Improvement Zone Contracting Authority are as follows:
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Tamaqua Community Revitalization and Improvement Zone Contracting
Authority
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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 requirements of the Pennsylvania Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., Act 22 of
2001, effective June 19, 2001, which codifies and amends the Municipality
Authorities Act of 1945, as amended and supplemented (the "Municipality
Authorities Act"), and pursuant to the ordinance enacted by the Borough
Council of the Borough of Tamaqua, Schuylkill County, Pennsylvania,
expressing the intention and desire of the Borough Council of said
municipality to organize a municipal authority under said Municipality
Authorities Act, the incorporating municipality does hereby certify:
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(a)
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The name of the Authority is "Tamaqua Community Revitalization
and Improvement Zone Contracting Authority."
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(b)
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The Authority is formed under provisions of the Pennsylvania
Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.,
Act 22 of 2001, effective June 19, 2001, which codifies and amends
the Municipality Authorities Act of 1945, as amended and supplemented,
with all powers authorized by said Municipality Authorities Act.
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(c)
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No other authorities have been organized under said Municipality
Authorities Act, under the former Act of June 28, 1935 (P.L. 463,
No. 191), or under the Act of May 2, 1945 (P.L. 382, No. 164), known
as the "Municipality Authorities Act of 1945", and is in existence
in or for the incorporating municipality, except that the incorporating
municipality has heretofore organized (i) the Tamaqua Borough Authority,
and (ii) the Tamaqua Area Water Authority, as a joint incorporating
municipality, each under the provisions of the Act of May 2, 1945
(P.L. 382, No. 164), known as the "Municipality Authorities Act of
1945," which authorities are in existence in or for said incorporating
municipality.
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(d)
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The name of the incorporating municipality is the Borough of
Tamaqua, Schuylkill County, Pennsylvania.
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(e)
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The names and addresses of the members of the Borough Council
of the Borough of Tamaqua, the incorporating municipality, are as
follows:[1]
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(f)
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The names, addresses and terms of office of the first members
of the Board of the Tamaqua Community Revitalization and Improvement
Zone Contracting Authority, are as follows:[2]
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(g)
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The terms of office of the first members of the Board of said
Tamaqua Community Revitalization and Improvement Zone Contracting
Authority shall be five-year terms; however, the initial terms shall
be staggered as set forth above and shall commence on the date of
appointment and shall be computed from the first Monday in January
of 2015.
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(h)
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The term of existence of the Tamaqua Community Revitalization
and Improvement Zone Contracting Authority shall be for a period of
50 years.
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(i)
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Advertisement of notice of filing these Articles of Incorporation
is submitted herewith.
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(j)
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The Board of said Tamaqua Community Revitalization and Improvement
Zone Contracting Authority shall consist of not fewer than five members,
nor more than nine members. Board members shall serve for five-year
terms, staggered as in paragraph (f) above, in order of their appointment,
except that no Board member's term shall expire prior to the two-year
anniversary of such Board member's initial appointment.
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In WITNESS WHEREOF, the undersigned has executed these Articles
on behalf of the Borough of Tamaqua, Schuylkill County, Pennsylvania,
and has caused to be affixed the seal and attested this 18th day of
November, 2014.
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BOROUGH OF TAMAQUA
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BY:
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Micah J. Gursky, President
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Kevin Steigerwalt, Manager
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[1]
Editor's Note: Here followed the names, addresses and terms
of office of the principal officers of the Borough at the time of
enactment of the ordinance.
[2]
Editor's Note: Here followed the names, addresses and terms
of office of the first members of the Board of Authority, which are
on file with the original ordinance.
The first members of the Board of said Tamaqua Community Revitalization
and Improvement Zone Contracting Authority, named in the aforesaid
Articles of Incorporation, are hereby specifically appointed members
of said Board for the terms set after their respective names, commencing
on the date of appointment and computed from the first Monday in January,
2015.
A.
The
Council President and Borough Manager of the Borough of Tamaqua are
hereby authorized and directed to execute the Articles of Incorporation
of the proposed Tamaqua Community Revitalization and Improvement Zone
Contracting Authority in substantially the form set forth in this
article, and the Council President and Borough Manager of the Borough
are hereby authorized and directed to attest the same and to affix
thereto the seal of the Borough. Such officers are authorized and
directed to execute and deliver such other documents, agreements,
certificates and instruments, and to do all acts necessary or appropriate
to effect the incorporation of the proposed Tamaqua Community Revitalization
and Improvement Zone Contracting Authority, including, but not limited
to, to cause notice of the substance of this article, including the
substance of the foregoing Articles of Incorporation, and the proposed
filing of such Articles of Incorporation, to be published as required
by the Municipality Authorities Act.
B.
The
Council President and Borough Manager of the Borough are authorized
and directed to file such Articles of Incorporation and the necessary
proofs of publication with the Secretary of the Commonwealth of Pennsylvania
and to do all other things necessary to effect the incorporation of
the Tamaqua Community Revitalization and Improvement Zone Contracting
Authority, including payment of the required filing fees.
The Tamaqua Community Revitalization and Improvement Zone Contracting
Authority shall have all the purposes, powers, and rights, as provided
by the City Revitalization Improvement Zone Program, Act 52 of 2013,[1] including, but not limited to, the designation of revitalization
and improvement zones in the Borough, engaging in and financing the
construction, including related site preparation and infrastructure,
reconstruction or renovation of facilities within such revitalization
and improvement zones, for purposes of taking any and all actions
and performing any and all duties authorized by a contracting authority
as defined in and authorized by the City Revitalization Improvement
Zone Program, Act 52 of 2013, and shall have all the purposes, powers,
and rights as provided by the Municipality Authorities Act.
[1]
Editor's Note: See 72 P.S. § 8804-C.
