[HISTORY: Adopted by the Borough Council of the Borough of
Collegeville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-14-1968 by Ord. No. 216 (Part 2, Ch. 3, Art. A, of the 1985
Code of Ordinances)]
The Council of the Borough of Collegeville, Montgomery County,
Pennsylvania, hereby signifies its intention and desire to organize
an Authority jointly with the Borough of Trappe, of Montgomery county,
Pennsylvania, under the provisions of the Act of May 2, 1945, P.L.
382, known as the "Municipality Authorities Act of 1945,"[1] its amendments and supplements for the purpose of acquiring,
holding, constructing, improving, owning, leasing, either in the capacity
of lessor or lessee, maintaining and operating sewers, sewer systems
or parts thereof, sewage treatment works, including works for treating
and disposing of industrial waste and the facilities and equipment
thereof; acquiring, holding, constructing, improving, maintaining
and operating, owning, leasing, either in the capacity of lessor or
lessee, waterworks, water supply works and water distribution systems.
[1]
Editor's Note: The Municipality Authorities
Act of 1945 (53 P.S. § 301 et seq.) was repealed 2001, June
19, P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
The Mayor, President of Council and the Secretary of this Borough
are authorized and directed to execute on behalf of this Borough,
Articles of Incorporation for said Authority, in substantially the
following form:
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ARTICLES OF INCORPORATION TO THE SECRETARY OF THE COMMONWEALTH
OF PENNSYLVANIA:
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In compliance with the requirements of the Act of May 2, 1945,
P.L. 382, known as the "Municipality Authorities Act of 1945," as
amended and supplemented, and pursuant to Ordinances adopted by the
municipal authorities of the Boroughs of Collegeville and Trappe,
respectively, all situated in Montgomery County, Pennsylvania, expressing
the intention and desire of the municipal authorities of said municipalities
to organize a joint municipality authority under said Act, the said
municipalities hereby do certify:
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Attest:
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Helen Hartzell, Secretary
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(Seal)
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1.
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The name of the Authority is "Collegeville-Trappe Municipal
Authority."
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2.
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The said Authority is formed under the provisions of the Act
of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act
of 1945," as amended and supplemented for the purpose of acquiring,
holding, constructing, improving, owning, leasing, wither in the capacity
of lessor or lessee, maintaining and operating sewers, sewer systems
or parts thereof, sewage treatment works, including works for treating
and disposing of industrial waste and the facilities and equipment
thereof; acquiring, holding, constructing, improving, maintaining
and operating, owning, leasing either in the capacity of lessor or
lessee, waterworks, water supply works and water distribution systems.
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3.
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No other Authority has been organized under the said Municipality
Authorities Act of 1945, as amended and supplemented, or under Act
of June 28, 1935, P.L. 463, as amended, or is in existence in or for
the incorporating municipalities, except:
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(a)
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Collegeville-Trappe Joint School Authority heretofore has been
organized jointly by the Boroughs of Collegeville and Trappe, both
in Montgomery County, Pennsylvania, under the provisions of said Authorities
Act and presently exists.
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4.
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The names of the incorporating municipalities are:
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BOROUGH OF COLLEGEVILLE, MONTGOMERY COUNTY, PA.
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BOROUGH OF TRAPPE, MONTGOMERY COUNTY, PA.
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5.
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The names and addresses of the municipal authorities of said
incorporating municipalities are:. . .
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6.
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The names and addresses and terms of office of the first members
of the Board of said Authority, each of whom is a resident and citizen
of the appointing municipality, are as follows:. . .
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7.
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The members of the Board of the said Authority shall be six
in number; and said members shall be apportioned on the basis of three
members for each of the incorporating municipalities.
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Each member of the Board of the said Authority shall be appointed
by the municipal authorities of the municipality which he/she is to
represent of said board. The term of each member of the Board of the
said Authority appointed to succeed any of the first members of the
Board shall be for a period of five years.
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The municipal authorities of each of said municipalities, at
a meeting held not later than one month prior to January 1 in each
year in which a vacancy will occur in the Board by reason of the expiration
of the term of a member appointed by that municipality, shall appoint,
as a member of the Board, a citizen of that municipality, for a term
of five years, to succeed the member whose term expires on January
1, next succeeding.
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Any other vacancy in the Board shall be filled by the municipal
authorities of the municipality which appointed the member whose vacancy
is to be filled, and the person so appointed to fill said vacancy
shall hold office for the remainder of the unexpired term of the member
whose vacancy in office he/she has been appointed to fill.[1]
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[1]
Note: Following paragraph 4 of the Articles was a list of
the officers of each Borough at the time of enactment of the ordinance;
following paragraph 5 were the names, addresses and terms of appointments
of the first members of the Board from each Borough; at the end of
the section was a witnessed statement that the Articles had been executed
and attested.
The adoption of this article is deemed necessary for the benefit
and preservation of the public health, peace, comfort and general
welfare of, and will increase the prosperity of, the people of this
Borough.
[Adopted 12-1-1971 by Ord. No. 237 (Part 4, Ch. 3, §§ 4-3001
and 4-3002, of the 1985 Code of Ordinances)]
This Borough does grant to the Authority, its successors and
assigns, all easements, rights-of-way and other rights and privileges
necessary and desirable in, along, over and under streets, roads,
lanes, courts, culs-de-sac, alleys, public ways, public squares and
other properties of this Borough, together with free ingress, egress
and regress therein and thereto, along with other persons having interests
or rights therein, for use in connection with constructing, replacing,
repairing, altering and maintaining the sewer system, as the same
shall exist, from time to time.
The rights and privileges granted to the Authority under § 25-4 shall be exercised by the Authority under and subject to such reasonable rules and regulations as shall be adopted and specified, from time to time, by resolution or ordinance of this Borough; and this Borough does reserve the right to adopt and specify, from time to time, such reasonable rules and regulations in connection with exercise by the Authority of such rights and privileges.
