[Adopted 11-10-1992 by Ord. No. 372-1992[1] (Ch. I, Part 2A, Secs, 26 to 28, of the 1970 Code of Ordinances)]
[1]
Editor's Note: Section 3 of this ordinance appointed the first members of the Board of the Authority; Section 5 directed the execution of the Articles of Incorporation, and provided for their publication and filing with the Secretary of the Commonwealth of Pennsylvania.
It is the desire of the Borough Council of the Borough of Kittanning, Armstrong County, Pennsylvania, and the Borough Council hereby signifies its intention to organize an Authority under the Municipality Authorities Act of May 2, 1945, P.L. 382,[1] as amended, of the Commonwealth of Pennsylvania.
[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 was repealed by Act 22 of 2001 (6-19-2001, P.L. 287, No. 22).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 53 Pa.C.S.A. § 5601 et seq.
Pursuant to said desire and intention of the Borough Council, and in conformance with the terms and provisions of said Municipality Authorities Act of 1945 and its amendments, the proposed Articles of Incorporation are hereby set forth in full as follows:
Articles of Incorporation
Kittanning Riverfront Park Authority
To The Secretary of Commonwealth, Commonwealth of Pennsylvania:
In compliance with the requirements of the Act of Assembly of May 2, 1945, P.L. 382, as amended, Council of the Borough of Kittanning, County of Armstrong, Commonwealth of Pennsylvania, having adopted an ordinance signifying its desire to organize an Authority thereunder, does hereby certify:
1.
The name of the Authority is "Kittanning Riverfront Park Authority."
2.
Said Authority is formed under the Act of Assembly of the Commonwealth of Pennsylvania of May 2, 1945, P.L. 382, as amended and supplemented.
3.
No other Authority organized under the said Act of May 2, 1945, P.L. 382, as supplemented and amended, or under any previous Act of Assembly on authorizing and regulating municipal authorities, is in existence in or for the incorporating municipality, the Borough of Kittanning, County of Armstrong, Commonwealth of Pennsylvania, except the following: The Municipal Authority of the Borough of Kittanning; and Mid-County Transit Authority (a joint municipal authority). The municipalities which have joined in the formation of Mid-County Transit Authority are as follows, all being in the County of Armstrong and Commonwealth of Pennsylvania:
Borough of Kittanning
Borough of Applewold
Borough of Ford Cliff
Borough of West Kittanning
Borough of Manorville
Borough of Ford City
Borough of East Franklin
Also in existence in said Borough of Kittanning is the Kittanning Board Parking Authority which was organized under the Act of Assembly of the Commonwealth of Pennsylvania of June 5, 1947, P.L. 458, as supplemented and amended.
4.
The name of the incorporating municipality is the Borough of Kittanning in Armstrong County, Pennsylvania, and the names and addresses of the Mayor and the members of the Borough Council of the Borough of Kittanning, are as follows:[1]
5.
The names, addresses and terms of office of the first members of the Board of said Authority are as follows:
Members
Address
Todd W. Crissman
318 Oak Drive
Kittanning, PA 16201
1 year
Howard Freedlander
290 N. Jefferson Street
Kittanning, PA 16201
2 years
Joeline L. McClister
R.D. 8, Box 185
Kittanning, PA 16201
3 years
Gerald Shuster
392 N. McKean Street
Kittanning, PA 16201
4 years
David H. Kohl
250 North Water Street
Kittanning, PA 16201
5 years
The termination date of the initial terms shall be the first Monday in January next succeeding the number of years listed above with respect to each Board member. Thereafter, when a vacancy has occurred by reason of the expiration of the term of any Board member, Council of the Borough of Kittanning shall appoint a Board member for a term of five years from the date of expiration of the prior term to succeed the Board member whose term has expired. In the event that a vacancy occurs during the term of any Board member or terms of any Board members, or for any reason whatsoever, such vacancy shall be filled for the unexpired term by Council of the Borough of Kittanning. Any Board member may resign by delivering a written notice of such resignation to this Authority at its registered office.
6.
The purpose of this Kittanning Riverfront Park Authority is, and said Authority is hereby directed and empowered, subject to approval by Council of the Borough of Kittanning, to undertake the planning, construction, financing and improvement of the riverfront park of the Borough of Kittanning on the east bank of the Allegheny River, bounded on the North by the intersection of West High Street and North Water Street; on the East by North and South Water Streets; on the South by the intersection of Walnut Street and South Water Street and on the West by the Allegheny River; and to undertake such other projects permitted and authorized by the laws of the Commonwealth of Pennsylvania as the Council of the Borough of Kittanning, County of Armstrong, Commonwealth of Pennsylvania, may from time to time by resolution or ordinance specify.
7.
The Borough of Kittanning, County of Armstrong, Commonwealth of Pennsylvania, has retained the right, which exists under the said Act of Assembly of May 2, 1945, P.L. 382, as supplemented and amended, to approve any plan of Kittanning Riverfront Park Authority, if appropriate.
8.
The term of existence of Kittanning Riverfront Park Authority shall be that period commencing on the date of filing these Articles of Incorporation with the Secretary of the Commonwealth of Pennsylvania and ending on that date 50 years next succeeding the date of incorporation.
9.
The registered office of Kittanning Riverfront Park Authority shall be c/o Kittanning Borough, Municipal Building, South McKean Street, Kittanning, Pennsylvania 16201.
[1]
Editor's Note: Said names and addresses of the Mayor and Council members that followed are on file in the Borough offices.