It is the desire of the Council of the Borough of Clearfield,
Clearfield County, Pennsylvania, and the said Council hereby signifies
its intention to organize a Downtown Clearfield Business District
Authority under the Municipality Authorities Act of May 2, 1945, P.L.
382, as amended.
The name of the proposed Authority shall be the "Downtown Clearfield
Business District Authority."
[Amended 2-19-1998 by Ord. No. 1219; 4-16-1998 by Ord. No. 1220]
The Board of the Downtown Clearfield Business District Authority
shall consist of nine members who shall be appointed by the Clearfield
Borough Council and whose terms of office shall commence on the date
of the appointment. One member shall serve for one year; one member
shall serve for two years; and one member shall serve for three years
from the first Monday in January next succeeding the date of this
amendment, and, in this case since there are more than three members
of the Board, the additional members other than those whose terms
are previously set forth herein shall serve terms which shall be staggered
in a similar manner for terms of from one to three years from the
first Monday in January next succeeding this amendment. Thereafter,
whenever a vacancy has occurred by reason of the expiration of the
term of any member, Clearfield Borough Council shall appoint a member
of the Board for a term of three years from the date of expiration
of the prior term to succeed the member whose term has expired. The
initial membership on the Authority shall be determined by lottery
of those nine individuals who have been selected by Clearfield Borough
Council to serve on the Board. The express purpose of this amendment
is to reduce the term of membership on the Board from its current
five-year period to a period of three years.
Pursuant to said desire and intention of the Council of the
Borough of Clearfield and in conformance with the terms and provisions
of said Municipality Authorities Act of 1945 and its amendments, the
proposed Articles of Incorporation are hereby set forth in full, as
follows.
The proposed Articles of Incorporation of the said Downtown
Clearfield Business District Authority shall be executed by and on
behalf of the Borough of Clearfield and the President of Borough Council
and Borough Secretary of the Borough of Clearfield and filed with
the Secretary of the Commonwealth. The Borough 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.
[Amended 2-19-1998 by Ord. No. 1219]
Nothing herein contained shall prohibit Clearfield Borough from
funding in any amount or financing to any degree any project or projects
of the Downtown Clearfield Business District Authority, and Clearfield
Borough may fund, finance, pledge its credit and obtain grants for
any project or projects of the Downtown Clearfield Business District
Authority and/or assist the Downtown Business District Authority in
the obtaining of any funds, grants or financial assistance which may
be required by said Authority to carry out its purposes. This section
is not meant in any fashion to obligate Clearfield Borough to participate
in the acquisition of or the obtaining of any funds or finances for
the projects of the Downtown Clearfield Business District Authority
but rather is meant to allow Clearfield Borough to participate and
support such activities should Clearfield Borough, through a vote
of its Council members, desire to do so.