[Ord. 8231, passed 6-22-2017]
This article shall be known and referred to as "The Citywide
Development Corporation of New Castle."
[Ord. 8231, passed 6-22-2017]
The City is desirous of creating and participating in a community
development corporation for the purposes set forth in the articles
of incorporation of The Citywide Development Corporation of New Castle
and in so doing has approved by resolution, the filing of certain
articles of incorporation of the same.
[Ord. 8231, passed 6-22-2017]
The purpose of this article is to provide for the appointment
of those members of the directors of the board of The Citywide Development
Corporation of New Castle who are to be appointed by the City of New
Castle as provided by the articles of incorporation and/or Bylaws
of The Citywide Development Corporation of New Castle and to provide
enabling authority for the conduct of affairs of the Corporation.
[Ord. 8231, passed 6-22-2017]
The incorporation of the citywide development corporation of
New Castle was accomplished by the filing of the corporation's
articles of incorporation with the Commonwealth of Pennsylvania, Department
of State — Corporation Bureau.
[Ord. 8231, passed 6-22-2017]
(a)
Composition. The board of the Citywide Development Corporation of
New Castle shall consist of nine persons, not more than three of whom
shall be officers or employees of the City of New Castle.
(b)
Appointment. The Mayor of the City of New Castle shall appoint all
initial members of the Board of Directors of the Citywide Development
Corporation of New Castle with the consent of New Castle City Council
as evidenced by a majority vote of a quorum of Council, as provided
by the Bylaws of the Citywide Development Corporation of New Castle.
The Mayor shall appoint subsequent members of the Board of Directors
upon vacancy or expiration of term in office of the Board of Directors
of the Citywide Development Corporation, upon consent of New Castle
City Council as evidenced by a majority vote of a quorum of Council,
as provided by the Bylaws of the Citywide Development Corporation
of New Castle.
(c)
Term. Each director shall serve a term of five years and upon his
death, resignation, or expiration of term, his successor shall be
appointed in accordance with Article 199A.05(b).
(d)
Eligibility. Adult residents of the City of New Castle, Members of
City Council and other, non-elected appointees or employees of the
City of New Castle are eligible and may be appointed to serve as members
of the Board of Directors. Members of City Council who are nominated
by the Mayor to be appointed shall abstain from the vote of City Council
under Article 199A.05(b). No more than two City Council members may
be nominated at the same time for appointment to the Board of Directors
so that a quorum may be sustained during any vote to confirm or deny
such appointments.
[Ord. 8231, passed 6-22-2017]
The Board of Directors of the Citywide Development Corporation
of New Castle, by an affirmative vote of a majority of its members,
shall elect as the officers of the corporation, a president, a secretary,
and a treasurer, and from time to time may elect one or more vice-presidents
and such assistant secretaries, assistant treasurers and such other
officers, agents and employees as the Board of Directors may deem
proper. Any two officers other than the office of president, secretary,
and treasurer may be held by the same person. The officers of the
corporation shall serve for a term of one year and thereafter until
his successor is elected and qualified, or until death, resignation
or removal.
[Ord. 8231, passed 6-22-2017]
(a)
The powers and duties of the Citywide Development Corporation of
New Castle and its officers are to:
(1)
Assist in alleviating and preventing conditions of unemployment;
(2)
Assist and retain local industries and commercial enterprises;
(3)
Assist industrial and commercial enterprises in locating, purchasing,
constructing, reconstructing, modernizing, improving, maintaining,
repairing, furnishing, equipping and expanding in the City of New
Castle;
(4)
Construct, acquire by gift or purchase, reconstruct, improve,
maintain, modernize, repair, furnish, equip and expand projects, and
acquire the necessary lands for the site therefor;
(5)
Acquire by gift or purchase the necessary machinery, furnishings,
and equipment for a project;
(6)
Borrow money and issue revenue bonds or revenue notes to finance
all or part of the cost of a project, including machinery, furnishings
and equipment and the necessary sites therefor;
(7)
Enter into, execute and carry out leases, lease purchase agreements,
installment sales contracts with any person, firm or corporation for
the use or sale of the project;
(8)
Lease, mortgage, sell, and convey the project or any part thereof
for a price and at a time as the corporation determines;
(9)
Lend, grant, transfer, or convey funds as permitted by law;
(10)
Assist in alleviating blighted and deteriorating properties
and neighborhoods;
(11)
In general to do and have such powers not prohibited by law
and to this extent all powers provided and conferred by law upon corporations
crated and incorporated pursuant to the Nonprofit Corporation Law
of 1988, as amended, of the Commonwealth of Pennsylvania.
(b)
Such powers are hereby incorporated in this section as powers of
the corporation and its officers, in addition to all other powers
conferred thereupon by law. It shall be the power and the duty of
the officers of the corporation to implement, carry out, and execute
the powers and duties described in this section of the corporation.
[Ord. 8231, passed 6-22-2017]
The Citywide Development Corporation of New Castle shall be
a body corporate with power to sue and be sued in any court of the
Commonwealth of Pennsylvania. It shall possess all the powers necessary
to carry out the purpose of its incorporation and those incidental
thereto. The enumeration of any powers in corporation's Article
of Incorporation shall not be construed as a limitation upon such
general powers of the corporation.
[Ord. 8231, passed 6-22-2017]
The term of existence of the Citywide Development Corporation
of New Castle is perpetual or until dissolved in accordance with the
Nonprofit Corporation Law of 1988, as amended, of the Commonwealth
of Pennsylvania.
[Ord. 8231, passed 6-22-2017]
(a)
The Board of Directors, by an affirmative vote of a majority of its
members shall adopt bylaws for the operation of affairs of the Citywide
Development Corporation of New Castle.
(b)
The regulation of the internal affairs of the corporation, including
the distribution of assets or dissolution or final liquidation, is
place entirely with the board of directors or their successors, as
provided in the bylaws of this corporation, subject, however, to the
provisions of the Nonprofit Corporation Law of 1988, as amended, of
the Commonwealth of Pennsylvania.
[Ord. 8231, passed 6-22-2017]
This article shall be liberally construed to effectuate its
purposes.
[Ord. 8231, passed 6-22-2017]
The date upon which the Citywide Development Corporation of
New Castle shall become effective is July 1, 2017.
