[HISTORY: Adopted by the Board of Commissioners (formerly the Board of Supervisors) of the Township of Muhlenberg as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-1940 (Ch. 23 of the 1982 Code)]
It is the desire and intention of the municipal authorities of Muhlenberg Township, Berks County, Pennsylvania, to organize under the Municipality Authorities Act of 1935, being the Act of June 28, 1935, P.L. 463, as amended by the Act of May 20, 1937, P.L. 739, as amended by the Act of May 17, 1939, P.L. 167, for the purpose of undertaking such project or projects as are permitted by the Municipality Authorities Act of 1935, as amended and supplemented or as may hereafter be amended and supplemented.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[Amended 11-2-1959 by Ord. No. 19; 12-17-1984; 3-8-2010 by Ord. No. 483]
The proposed Articles of Incorporation of said Authority are as follows:
A. 
The Authority is incorporated for the purpose of undertaking such project or projects as are permitted by the Municipality Authorities Act of 1935, as amended and supplemented or as may hereafter be amended and supplemented.
B. 
The term of existence of said Muhlenberg Township Authority shall be for a period ending on July 31, 2064.
[Amended 7-21-2014 by Ord. No. 532]
C. 
The name of the Authority is "Muhlenberg Township Authority."
D. 
Said Muhlenberg Township Authority is formed under the Municipality Authorities Act of 1935, being the Act of June 28, 1935, P.L. 463, as amended by the Act of May 20, 1937, P.L. 739, as amended by the Act of May 17, 1939, P.L. 167.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
E. 
No other Authority organized under the Municipality Authorities Act of 1935, being the Act of June 28, 1935, P.L. 463, as amended by the Act of May 20, 1937, P.L. 739, as amended by the Act of May 17, 1939, P.L. 167, or under the Act approved December 27, 1933 (Special Session 1933, P.L. 114[2]), is in existence in and for Muhlenberg Township, Berks County, Pennsylvania.
[2]
Editor's Note: See 16 P.S. § 12601.
F. 
The Board of Directors of the Authority shall consist of five members effective as of the date of the reorganizational meeting of the Muhlenberg Township Commissioners in January 2015. One of the Authority Board member terms now expiring on December 31, 2017, is hereby foreshortened and shall expire on December 31, 2019. One Authority Board member appointed by the Commissioners as of the reorganizational meeting in January 2018 shall serve a two-year term, expiring on December 31, 2019; and the second Authority Board member appointed by the Commissioners as of the January 2018 reorganizational meeting shall serve a five-year term, expiring on December 31, 2022. Thereafter, the term of each of the Authority Board members shall continue for successive five-year intervals, with one Board member term expiring each year.
[Amended 7-21-2014 by Ord. No. 532]
G. 
The names and addresses and terms of office of the first members of the Board of Muhlenberg Township Authority are as follows:[3]
[3]
Editor's Note: The names, addresses and terms of office of the first members is on file with the original ordinance.
H. 
Beginning on the effective date of the amendment to the Articles of Incorporation of Muhlenberg Township Authority adding this Subsection H, the Board of Directors of the Authority shall consist of seven members, including the five members currently serving as of the date of this amendment, whose terms shall be unaffected, together with two additional members each of whom shall be appointed by the Board of Commissioners of Muhlenberg Township in accordance with the terms and provisions of the Municipality Authorities Act. The term of one of the new Board members shall expire on December 31, 2014. and thereafter shall continue for successive five-year intervals. The term of the second of the new Board members shall expire on December 31, 2012, and thereafter shall continue for successive five-year intervals.
This resolution is deemed necessary for the preservation of public safety, peace, comfort and general welfare of the citizens of Muhlenberg Township, Berks County, and shall take effect immediately.
[1]
Editor's Note: Under the provisions of said resolution establishing a municipal authority, the Muhlenberg Township Authority was permitted, by resolution dated 9-21-1959, to proceed with the financing and construction of a sanitary sewer system for the Township as required by law under Section 4B(s) of the Municipal Authorities Act of 1945, as amended. A certified copy of the resolution dated 9-21-1959 was served upon the Muhlenberg Township Authority by the Township Secretary.