[HISTORY: Adopted by the Borough Council of the Borough of Baldwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1958 by Ord. No. 152]
It is the desire of the Borough Council of the Borough of Baldwin, Allegheny 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, as amended.[1]
[1]
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 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22).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.
The name of the proposed authority shall be "the Municipal Authority of the Borough of Baldwin, Allegheny County, Pennsylvania."[1]
[1]
Editor's Note: Original Sections 3 and 4 of Ord. No. 152, which immediately followed this section and which contained the names of the members of the original Municipal Authority and the proposed Articles of Incorporation, were repealed 12-19-1985 by Ord. No. 566.
The proposed Articles of Incorporation of the said Municipal Authority shall be executed by and on behalf of the Borough of Baldwin by the Mayor and the President of Council, and the Seal of said Borough shall be thereto affixed, attested by the Borough Secretary and filed with the Secretary of the Commonwealth. The Solicitor is hereby authorized and directed to cause to be published the notice of intention to file the Articles of Incorporation with the Secretary of the Commonwealth as required by the aforementioned Act.[1]
[1]
Editor's Note: The Articles of Incorporation are on file in the office of the Borough Secretary and are available for inspection during normal office hours. In addition, copies of the following ordinances pertaining to the Municipal Authority can be found in the Borough Secretary's office: Ord. No. 167, adopted 3-16-1959, authorizing the conveyance to the Authority of the existing sewer system; Ord. No. 168, providing for terms and conditions for the agreement of lease; Ord. No. 169, adopted 3-16-1959, providing for a management agreement with the Authority; Ord. No. 173, adopted 3-16-1959, authorizing the Authority to construct and repair sewer lines; and Ord. No. 274, adopted 3-23-1964, which provided for a lease surrender agreement for the sewer system. Ordinance No. 143, adopted 2-4-1958 and also on file in the office of the Borough Secretary, adopted an agreement with the Pleasant Hills Authority relating to the furnishing of sanitary sewage treatment service for certain areas of the Borough. Such service agreement was amended by supplemental agreements adopted 11-19-1962 by Ord. No. 237 and 3-15-1965 by Ord. No. 293. See also Ch. 134, Sewers.
[Adopted 12-15-2020 by Ord. No. 913]
The Borough Council of the Borough hereby signifies its intention to organize a municipal authority under the provisions of the Municipal Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The name of the Authority shall be the "Borough of Baldwin Stormwater Authority."
The Articles of Incorporation of the Borough of Baldwin Stormwater Authority are hereby approved and adopted in the following form.[1]
[1]
Editor's Note: The Articles of Incorporation are on file in the Borough offices.
The first members of the Board of the Borough of Baldwin Stormwater Authority, named in the aforesaid Articles of Incorporation, are hereby specifically appointed members of said Board for the term set after their respective names, commencing on the date of appointment and computed from the first Monday in January 2021.
The President of the Borough Council of the Borough of Baldwin is hereby authorized and directed to execute said Articles of Incorporation of the Authority in substantially the form set forth herein, and the Borough Secretary is hereby authorized and directed to execute and deliver such other documents, agreements, certificates and instruments and to do all acts necessary or appropriate to effect the incorporation of the proposed Borough of Baldwin Stormwater Authority, including, but not limited to, to cause a notice of intention to file said Articles of Incorporation to be published as required by the Municipal Authorities Act, and to file said Articles of Incorporation, together with a certified copy of this article and required proofs of publication, with the Secretary of the Commonwealth of Pennsylvania.
The Borough of Baldwin Stormwater Authority shall have the purposes, powers, and rights as provided in Section 5607 of the Municipal Authorities Act, 53 Pa.C.S.A. § 5607, including, but not limited to, purposes of financing working capital, acquiring, holding, constructing, financing, improving, maintaining and operating, owning or leasing, either in the capacity of lessor or lessee, projects within the defined boundary of the Authority of the following kind and character: stormwater planning, management and implementation. The Borough of Baldwin shall retain the right which exists under the Municipal Authorities Act to approve any plan of the Borough of Baldwin Stormwater Authority for the foregoing purpose.
The provisions of this article are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid and unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect, impair, or invalidate any of the remaining sections, clauses, sentences, parts or provisions of this article.
The provisions of any prior ordinance that are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.