[HISTORY: Adopted by the Borough Council of Montgomery Borough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-26-1950 by Ord. No. 187 (Ch. I, Part 3, of the 1996 Code of
Ordinances)]
The Montgomery Borough Council, being the Municipal Authority
of the Borough of Montgomery, hereby signifies its intention and desire
to organize and create an authority under the provisions of the Municipality
Authorities Act of May 2, 1945, P.S. 382,[1] as amended.[2]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: Section 5 of this ordinance directed the
proper officers of the Borough at the time of enactment of the ordinance
to take specified action to effect incorporation of the Authority,
including publication of notice in a newspaper and in the county legal
journal, and paying certain filing, advertising and other fees necessary
to effect the incorporation; § 7 of the ordinance provided
that the ordinance take effect immediately upon final enactment.
The name of the authority to be created and organized shall
be "Montgomery Water and Sewer Authority"; and its existence shall
continue for a period of 50 years as authorized in said Act.[1]
The projects, and the only projects, to be undertaken by said
Authority shall be as follows:
A.
The planning for and construction of a sewage disposal plant for
the Borough of Montgomery, together with necessary sewer lines and
pipes and all necessary facilities for the collection, treatment and
disposal of sewage from within the Borough of Montgomery and the surrounding
areas, to maintain and operate said sewage system and sewage disposal
plant and/or to lease or sell the same to the Borough of Montgomery
under terms and conditions to be fixed by said Authority and to do
all other things necessary and proper for the construction, maintenance
and operation of said sewage disposal system.[1]
B.
The purchase and operation of a water company for the Borough of
Montgomery, together with the purchase and maintenance of the necessary
lands for watersheds, erection of necessary buildings, the laying
and maintenance of water pipes for the supply of drinking water to
residents in the Borough of Montgomery and surrounding areas, to maintain
and operate said water system and/or to lease or sell the same to
the Borough of Montgomery under the terms and conditions to be fixed
by said Authority, and to do all other things necessary and proper
for the acquisition, the maintenance and operation of said water system.
[Amended 8-1-1967 by Ord.
No. 80]
The President of the Borough Council, the Chief Burgess and
the Borough Secretary are hereby authorized and directed to execute
on behalf of the Borough of Montgomery Articles of Incorporation for
said Authority substantially in the following form:
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Articles of Incorporation
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Montgomery Water and Sewer Authority
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To the Secretary of the Commonwealth of Pennsylvania:
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The following are Articles of Incorporation for a Municipal
Authority organized and created in accordance with the Municipal Authorities
Act of May 2, 1945, P.L. 382.[1]
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I.
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The name of this Municipal Authority shall be "Montgomery Water
and Sewer Authority."
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II.
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The said Authority is formed under the Municipal Authorities
Act of 1945 being the Act of May 2, 1945, P.L. 382.
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III.
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No other Municipal Authority has been organized or created under
this Act or under any other Act by this municipality.
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IV.
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The name of the incorporating municipality is Montgomery Borough,
Lycoming County, Pennsylvania, and the names and addresses of its
municipal authorities or officers are as follows:. . . .[2]
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V.
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The names and addresses and terms of office of the first members
of the Board of said Authority are as follows:. . .[3]
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VI.
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The term of existence of the Authority shall be increased to
the date which shall be 50 years from the approval of these Articles
of Amendment by the Secretary of the Commonwealth of Pennsylvania.[4]
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In witness whereof, the undersigned have executed these Articles
of Incorporation on behalf of the municipality above named and have
caused to be affixed thereto the seal of the said municipality this
26th day of December 1950.
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Montgomery Borough, Lycoming County, Pennsylvania
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by A.J. Honsell, Burgess
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Attest:
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Leon M. Crandell, Secretary
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Jacob L. Huff, President of Council
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[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June
19, 2001, P.L. 287, No. 22). See now the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: Here follow the names and addresses of
the officials of the Borough in office at the time of enactment of
Ordinance No. 187.
[3]
Editor's Note: Here follow the names, addresses and respective
terms of office of the first members of the Board of the Authority.
[4]
Editor's Note: Ordinance No. 80, which added Paragraph
VI to this section, served to extend the term of existence of the
Authority to 50 years from the approval of the ordinance by the Secretary
of the Commonwealth.
The sum of $200 is hereby appropriated from the general funds
of the Borough for the purpose of paying the incorporating, organizing
and initial operating expenses of said Authority until the said Authority
may become self-sustaining, and the Treasurer of the Borough is hereby
authorized to pay such funds to the Treasurer of the Authority after
said Authority has been organized. Council may, by resolution, appropriate
additional funds from time to time for the operating expenses of said
Authority as such funds may be required.
[Added 6-6-1966 by Ord.
No. 74]
The Borough hereby designates as a project to be undertaken
by the Authority the construction of an interceptor sewer, outfall
sewer and sewage treatment plant, which, together with the sewage
collection system conveyed to the Authority hereunder,[1] (hereinafter collectively referred to as the sewage system)
shall be leased to the Borough as hereinafter provided. Permission
is hereby granted to the Authority to construct the necessary sewage
facilities of said sewer system in the streets, alleys, and public
highways in the Borough.
[1]
This refers to Ordinance No. 74.
