[Adopted 6-18-1981 by Ord. No. 1111 (Ch. 14B of the 1966 Code). Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: See now 53 P.S. § 301 et seq.
A. 
The Council of the Borough of Clearfield hereby finds and determines that improvement of the business district by the creation of the Downtown Clearfield Business District Authority is desirable for the entire Borough of Clearfield and hereby defines said business district for the purposes contemplated by this ordinance as the area within the Borough of Clearfield which is bounded on the north by the north side of Bridge Street, including the property abutting on the north side of Bridge Street; on the south by East Walnut Street, including the property on the south side of Walnut Street; on the east by 4th Street, including the property on the east side of 4th Street; and on the west by the Susquehanna River, and are presently zoned commercial and/or contain generally commercial uses.
B. 
It is specified that Borough Council retain the right existing under the Act to approve any plan of the Authority.
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.[1]
[1]
Editor's Note: Said Articles of Incorporation are included as an attachment to this chapter.
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.