[Ord. 352, 9/15/1958, § 1]
The Borough of Emmaus hereby signifies its intention and desire
to organize an Authority under the Act of May 2, 1945, P.L. 382 and
its amendments, and known as the "Municipality Authorities Act of
1945."
[Ord. 352, 9/15/1958, § 2; as amended by Ord. 673,
6/30/1986, §§ 1 & 2]
The President and Secretary of the Borough Council are hereby
authorized and directed to execute, on behalf of the Borough of Emmaus,
Articles of Incorporation for said Authority in substantially the
following form:
ARTICLES OF INCORPORATION
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TO THE SECRETARY OF THE
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COMMONWEALTH OF PENNSYLVANIA
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In compliance with the requirements of the Act of May 2, 1945,
P.L. 382 and its amendments known as "Municipality Authorities Act
of 1945" the Borough of Emmaus, a municipal corporation located in
the County of Lehigh and Commonwealth of Pennsylvania, desiring to
incorporate an Authority thereunder, does hereby certify:
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1. The name of the Authority is Emmaus General Authority, its registered
office being Borough Hall, Emmaus, Pennsylvania.
2. Said Authority is formed under the provisions of the Act of May 2,
1945, P.L. 382 and its amendments, known as "Municipality Authorities
Act of 1945".
3. No other Authority has been organized under the Municipality Authorities
Act of 1945 or under the Act, approved the 28th day of June, 1935,
P.L. 463, and none is in existence in or for the Borough of Emmaus,
the incorporating municipality, with the exception of the East Penn
Union School District Authority, which school district has as one
of its component parts the territory within the Borough of Emmaus.
4. The name of the incorporating municipality is the Borough of Emmaus
and the names and addresses of its Municipal Authorities are as follows:
[Here followed the names and addresses of the Borough officials.]
5. The names, addresses and terms of office of the first members of
the Board of Authority to be formed hereby are as follows: [Here followed
the names, addresses and terms of the first Authority Board members.]
6. The project or projects to be undertaken by said Authority shall
be projects permitted and authorized by the laws of the Commonwealth
of Pennsylvania as the Borough of Emmaus may from time to time by
Resolution or Ordinance specify.
7. A certified copy of the Ordinance of the Borough of Emmaus authorizing
the creation of said Authority, together with proof of publication
of Notice of Filing of these Articles of Incorporation, are each submitted
herewith.
8. The existence of the Authority shall terminate on June 30, 2030,
unless extended by an amendment to these Articles of Incorporation.
IN WITNESS WHEREOF, the Borough of Emmaus, the incorporating
municipality have caused these Articles to be executed by its proper
officers and have caused to affixed hereto the municipal seal of said
incorporating municipality this 15th day of September, A.D., 1958.
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ATTEST:
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LEWIS C. KRATZER
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OSCAR T. IOBST
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President of Council
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Secretary
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[Ord. 352, 9/15/1958, §§ 3, 4]
The President and Secretary of the Borough Council are further
directed to cause a notice of the substances of this Part, 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 the Morning Call, a newspaper published and of general circulation
in the County of Lehigh, and in the Lehigh Law Journal, as directed
by the Municipality Authorities Act of 1945 and its amendments.
The President and Secretary of the Borough Council are directed
to file the said Articles of Incorporation, together with the necessary
proofs of publication, with the Secretary of the Commonwealth, and
to do all other acts and things necessary or appropriate to effect
the incorporation of "Emmaus Municipal Authority," including the payment
of any filing fees in connection therewith.
[Ord. 356, 5/25/1959, §§ 1-4]
1. This Borough specifies that the initial project to be undertaken
by the Authority shall be 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 facilities,
including facilities for disposing of industrial wastes, in and/or
for this Borough.
2. This Borough requests the Authority to undertake and consummate the initial project specified in subsection
1 with all reasonable dispatch and diligence.
3. This section shall not be construed to preclude this Borough from
specifying other projects, by future action of this Borough, which
may be undertaken by the Authority.
4. Enactment of this section is deemed necessary for the benefit of
and preservation of the public health, peace, comfort and general
welfare of citizens of this Borough and will increase the prosperity
of citizens of this Borough.