[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-11-1986 as
Ch. 5, Art. I, of the 1986 Code]
The Borough Council of the Borough of Franklin Park finds and
therefore declares that it is necessary that an adequate public ambulance
service be established and operated to promote the public health,
comfort, convenience and general welfare of the citizens and residents
of the Borough of Franklin Park and that such service can be most
efficiently and economically furnished by means of an intercommunity
municipal authority, jointly sponsored by the Borough of Franklin
Park and the Town of McCandless and incorporated under the applicable
laws of the Commonwealth of Pennsylvania for the express purpose of
supplying such service to all citizens and residents of said municipalities.
It is therefore the joint desire and intention of the Borough
of Franklin Park and of the Town of McCandless, municipal corporations
situate in the County of Allegheny and the Commonwealth of Pennsylvania,
to organize an authority under and pursuant to the provisions of the
Municipality Authorities Act of 1945, the Act of 1945, May 2, P.L.
382, Section 1 et seq., together with all supplements and amendments
thereto,[1] for the purpose of exercising and enjoying all of the
powers conferred by said Act, its supplements and amendments.
[1]
Editor's Note: 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 was repealed by Act 22 of 2001 (June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 "McCandless
Franklin Park Ambulance Authority."
The proposed Articles of Incorporation are as follows:
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Joint Municipal Authority
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Articles of Incorporation
to the Secretary of the Commonwealth of Pennsylvania
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In compliance with the Municipality Authorities Act of 1945,
its supplements and amendments, the Borough of Franklin Park and the
Town of McCandless, municipal corporations situate in the County of
Allegheny and Commonwealth of Pennsylvania, pursuant to identical
ordinances duly adopted by the governing bodies of such municipalities,
hereby signify their joint desire and intention to form an Authority
under said Act and do hereby certify as follows:
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1.
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That the name of the Authority shall be the "McCandless Franklin
Park Ambulance Authority."
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2.
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That this Authority is formed under and pursuant to the provisions
of the Municipality Authorities Act of 1945, its supplements and amendments.
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3.
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That no other authority or joint authority organized under the
Municipality Authorities Act, its supplements and amendments, or under
the Act approved June 28, 1935, P.L. 463, as amended, is in existence
in or for the incorporating municipalities named herein, except as
follows:
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(1)
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The McCandless Township Sanitary Authority organized by the
Township of McCandless, County of Allegheny, Commonwealth of Pennsylvania
(predecessor to the Town of McCandless) under and pursuant to the
Municipality Authorities Act of 1945, its supplements and amendments,
for the purpose of furnishing sanitary sewage collection and disposal
systems for the Township of McCandless, County of Allegheny and Commonwealth
of Pennsylvania (predecessor to the Town of McCandless).
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(2)
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The Franklin Park Authority organized by the Township of Franklin,
County of Allegheny, Commonwealth of Pennsylvania (predecessor to
the Borough of Franklin Park) under and pursuant to the provisions
of the Municipality Authorities Act of 1945, its supplements and amendments,
for the purpose of furnishing a sanitary sewage collection and disposal
system for the Borough of Franklin Park, County of Allegheny, Commonwealth
of Pennsylvania.
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(3)
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North Allegheny Joint Authority, Allegheny County, Pennsylvania,
organized by the Township of Franklin, Allegheny County, Pennsylvania
(predecessor to the Borough of Franklin Park), the Township of Marshall,
Allegheny County, Pennsylvania, the Township of McCandless, Allegheny
County, Pennsylvania (predecessor to the Town of McCandless) and the
Borough of Bradford Woods, Allegheny County, Pennsylvania, under and
pursuant to the Municipality Authorities Act of 1945, its supplements
and amendments, for the purpose of acquiring, holding, constructing,
improving, maintaining, owning and leasing, either in the capacity
of lessor or lessee, of public school buildings and the acquiring
of necessary sites therefor.
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4.
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That the purpose of the Authority is to provide ambulance and
related equipment and facilities and to furnish ambulance and other
related health services to the citizens, residents and inhabitants
of the Town of McCandless and the Borough of Franklin Park and, if
the Authority shall determine, to the inhabitants of Pine Township,
Marshall Township, the Boroughs of Bradford Woods and North Park and
to such other municipalities as the Authority shall from time to time
designate, after first having received the consent and approval of
the governing bodies of the Town of McCandless and the Borough of
Franklin Park.
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5.
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That the respective names of the incorporating municipalities
are:
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THE BOROUGH OF FRANKLIN PARK
and TOWN OF McCANDLESS
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6.
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The names and addresses of the municipal authorities of each
of the incorporating municipalities are as follows.[1]
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7.
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That the Board of the Authority to be formed pursuant to these
Articles shall consist of seven members, each of whom, except for
those who shall be members of the first Board of the Authority, shall
be appointed for terms of five years. No Board member shall be a paid
employee of the Authority. The members of the Board of the Authority
shall be apportioned among the several municipalities as follows:
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Municipality
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Number of Board Members
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Town of McCandless
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5
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Borough of Franklin Park
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2
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8.
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That the names and addresses of the members of the first Board
of the Authority, the municipality by which each such member has been
appointed and the dates of expiration of their respective terms are
as follows.[2]
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9.
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That whenever a vacancy has occurred or is about to occur by
reason of the expiration of the term of any member, the participating
municipality which appointed the member whose term has expired or
is about to expire shall appoint a successor member for a full term
of five years.
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WITNESS the due execution of these Articles by each of the incorporating
municipalities, all as of the _____ day of __________ 1976.
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ATTEST:
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BOROUGH OF FRANKLIN PARK
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Borough Secretary
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President of Council
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ATTEST:
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TOWN OF McCANDLESS
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Secretary
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President of Town Council
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[1]
Editor's Note: The names and addresses of the municipal
authorities are on file in the Borough offices and are available for
public inspection during regular office hours.
[2]
Editor's Note: The names and addresses of the first members
of the Board of the Authority are on file in the Borough offices and
are available for public inspection during regular officer hours.
The following persons are hereby appointed members of the first
Board of the Authority, who shall serve, in accordance with Section
8 of the proposed Articles of Incorporation, for terms as hereinafter
set forth opposite their respective names.[1]
[1]
Editor's Note: The names, addresses and terms of office
of the appointed members of the Board of the Authority are on file
in the Borough offices and are available for public inspection during
regular office hours.
Until such time as the incorporating municipalities shall otherwise
provide by resolution, the members of the Board of the Authority shall
receive no compensation for their services as Board members.
The Articles of Incorporation of the proposed authority, in substantially the same form as set forth in § 10-4 of this article, shall be executed on behalf of the Borough of Franklin Park by the President of the Borough Council and under its Municipal Seal and attested by the Borough Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the aforesaid Municipality Authorities Act of 1945, its supplements and amendments.[1]
[1]
Editor's Note: 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.
In order to fund the proposed authority with sufficient moneys
to cover incorporation, organization and start-up expenses, the Borough
of Franklin Park hereby assumes as its fair share of such expenses
the payment of $3,000 and, in discharge of such commitment, shall
and will budget and appropriate such sum in its 1977 budget, the same
to be paid to the account of said Authority upon the request of said
Authority during the year 1977.
[Adopted 6-11-1986 as
Ch. 29, Art. II, of the 1986 Code]
The Borough Council of the Borough of Franklin Park finds and
therefore declares that it is necessary that a free public library
service be established and operated to promote the general welfare
of the residents of the Borough of Franklin Park and that such public
library service can be most efficiently and economically furnished
by means of an intercommunity municipal authority jointly sponsored
by the Town of McCandless, the Township of Ross, the Borough of Franklin
Park and the Borough of Bradford Woods and incorporated under the
applicable laws of the Commonwealth of Pennsylvania for the express
purpose of supplying such service to all residents of said municipalities.
It is therefore the joint desire and intention of the Town of
McCandless, the Township of Ross, the Borough of Franklin Park and
the Borough of Bradford Woods, municipal corporations situate in the
County of Allegheny and the Commonwealth of Pennsylvania, to organize
an authority under and pursuant to the provisions of the Municipality
Authorities Act of 1945, the Act of 1945, May 2, P.L. 382, § 1
et seq., together with all supplements and amendments thereto,[1] for the purpose of exercising and enjoying all of the
powers conferred by said Act, its supplements and amendments.
[1]
Editor's Note: 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 "Northland Public
Library Authority."
The proposed Articles of Incorporation are as follows:
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Joint Municipal Authority
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Articles of Incorporation
to the Secretary of the Commonwealth of Pennsylvania
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In compliance with the Municipality Authorities Act of 1945,
its supplements and amendments, the Town of McCandless, the Township
of Ross, the Borough of Franklin Park and the Borough of Bradford
Woods, municipal corporations situate in the County of Allegheny and
Commonwealth of Pennsylvania, pursuant to identical ordinances duly
adopted by the governing bodies of such municipalities, hereby signify
their joint desire and intention to form an authority under said Act
and do hereby certify as follows:
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1.
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That the name of the Authority shall be the "Northland Public
Library Authority."
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2.
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That this Authority is formed under and pursuant to the provisions
of the Municipality Authorities Act of 1945, its supplements and amendments.
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3.
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That no other authority or joint authority organized under the
Municipality Authorities Act, its supplements and amendments, or under
the Act approved June 28, 1935, P.L. 463, as amended, is in existence
in or for the incorporating municipalities named herein, except as
follows:
| |||
|
(1)
|
The McCandless Township Sanitary Authority organized by the
Township of McCandless, County of Allegheny, Commonwealth of Pennsylvania
(predecessor to the Town of McCandless), under and pursuant to the
Municipality Authorities Act of 1945, its supplements and amendments,
for the purpose of furnishing sanitary sewage collection and disposal
systems for the Township of McCandless, County of Allegheny and Commonwealth
of Pennsylvania (predecessor to the Town of McCandless).
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(2)
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The Franklin Park Authority organized by the Township of Franklin,
County of Allegheny and Commonwealth of Pennsylvania (predecessor
to the Borough of Franklin Park), under and pursuant to the provisions
of the Municipality Authorities Act of 1945, its supplements and amendments,
for the purpose of furnishing a sanitary sewage collection and disposal
system for the Borough of Franklin Park, Allegheny County, Pennsylvania.
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(3)
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North Allegheny Joint Authority, Allegheny County, Pennsylvania,
organized by the Township of Franklin, Allegheny County, Pennsylvania
(predecessor to the Borough of Franklin Park), the Township of Marshall,
Allegheny County, Pennsylvania, the Township of McCandless, Allegheny
County, Pennsylvania (predecessor to the Town of McCandless) and the
Borough of Bradford Woods, Allegheny County, Pennsylvania, under and
pursuant to the Municipality Authorities Act of 1945, its supplements
and amendments, for the purpose of acquiring, holding, constructing,
improving, maintaining, owning and leasing, either in a capacity of
lessor or lessee, of public school buildings and the acquiring of
necessary sites therefor.
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(4)
|
McCandless Franklin Park Ambulance Authority, organized by the
Town of McCandless, Allegheny County, Pennsylvania, and the Borough
of Franklin Park, Allegheny County, Pennsylvania, under and pursuant
to the Municipality Authorities Act of 1945, its supplements and amendments,
for the purpose of furnishing ambulance service to the residents of
the Town of McCandless and the Borough of Franklin Park.
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The Authority shall be organized and operated exclusively for
charitable, scientific, literary and educational purposes permitted
within the scope of Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended (the "Code"). In furtherance of these purposes,
the Authority may exercise all rights and powers conferred by the
laws of the Commonwealth of Pennsylvania upon corporations which are
municipal authorities under the Pennsylvania Municipal Authorities
Act of 1945, as amended.
[Added 8-20-1997 by Ord.
No. 448] | ||||
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The Authority does not contemplate pecuniary gain or profit,
incidental or otherwise. No part of the net earnings of the Authority
shall inure to the benefit of any director or officer of the Authority
or any private individual (except that reasonable compensation may
be paid for services rendered to or for the Authority effecting one
or more of its purposes), and no director or officer of the Authority
or any private individual shall be entitled to share in the distribution
of any of the assets of the Authority on dissolution of the Authority.
No substantial part of the activities of the Authority shall be the
carrying on of propaganda or otherwise attempting to influence legislation,
and the Authority shall not participate in, or intervene in (including
the publication or distribution of statements), any political campaign
on behalf of any candidate for public office.
[Added 8-20-1997 by Ord.
No. 448] | ||||
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Notwithstanding any other provision of these Articles of Incorporation,
the Authority shall not conduct or carry on any activities not permitted
to be conducted or carried on by an organization described in Section
501(c)(3) of the Code and its regulations, as they now exist or as
they may hereafter be amended. In addition, notwithstanding any other
provision of these Articles of Incorporation, the Authority shall
not conduct or carry on any activities not permitted to be conducted
or carried on by an organization contributions to which are deductible
under Section 170 of the Code and its regulations, as they now exist
or as they may hereafter be amended.
[Added 8-20-1997 by Ord.
No. 448] | ||||
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Upon dissolution of the Authority or the winding up of its affairs,
the Board of the Authority shall, after making provision for the payment
of all of the liabilities of the Authority, dispose of all of the
assets of the Authority exclusively for the purposes of the Authority
in such manner or to such organizations which are described in Section
501(c)(3) of the Code or the corresponding provisions of any subsequent
United States Internal Revenue Law, by distributing those assets among
the then participating municipalities in the ratio that the financial
contribution of each municipality from the inception of The Northland
Public Library in 1968 bears to the total financial contribution of
all of the participating municipalities from the inception of the
said Library. Any assets not so disposed of shall be disposed of by
a court of competent jurisdiction of the county in which the principal
office of the Authority is then located to such organizations described
in Section 501(c)(3) of the Code or in accordance with the corresponding
provisions of any subsequent United States Internal Revenue Law, as
such court shall determine.
[Added 8-20-1997 by Ord.
No. 448] | ||||
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In any year in which the Authority is a private foundation as
described in Section 509(a) of the Code, the Authority shall distribute
its income for said period in such time and manner as not to subject
it to tax under Section 4942 of the Code, and the Authority shall
not: (a) engage in any act of self-dealing as defined in Section 4941(d)
of the Code; (b) retain any excess business holdings as defined in
Section 4943(c) of the Code; (c) make any investments in such a manner
as to subject the Authority to tax under Section 4944 of the Code;
or (d) make any taxable expenditures as defined in Section 4945(d)
of the Code or corresponding provisions of any subsequent federal
tax laws.
[Added 8-20-1997 by Ord.
No. 448] | ||||
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4.
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The purpose of the Authority is to provide free library service
to the residents of the Town of McCandless, the Township of Ross,
the Borough of Franklin Park and the Borough of Bradford Woods.
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5.
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The respective names of the incorporating municipalities are:
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Town of McCandless
Township of Ross
Borough of Franklin Park
Borough of Bradford Woods
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6.
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The names and addresses of the municipal authorities of each
of the incorporating municipalities are as follows.[1]
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7.
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The Board of the Authority, to be formed pursuant to these Articles,
shall consist of six members, each of whom, except for those who shall
be members of the first Board of the Authority, shall be appointed
for terms of five years each. No Board member shall be a paid employee
of the Authority. The members of the Board of the Authority shall
be apportioned among the several municipalities as follows:
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Municipality
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Number of Board Members
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Town of McCandless
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2
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Township of Ross
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2
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Borough of Franklin Park
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1
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Borough of Bradford Woods
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1
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8.
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The names and addresses of the members of the first Board of
the Authority, the municipality by which each such member has been
appointed and the dates of expiration of their respective terms are
as follows.[2]
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9.
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Whenever a vacancy has occurred or is about to occur by reason
of the expiration of the term of any member, the participating municipality
which appointed the member whose term has expired or is about to expire
shall appoint a successor member for a full term of five years.
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10.
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Actions of the Board of the Authority shall be taken or made
in accordance with a weighted voting formula according to the population
of the participating municipalities as will be more fully set forth
in the bylaws of the Authority and an agreement between the participating
municipalities.
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11.
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The Authority will be funded by the participating municipalities
in accordance with an assessed value formula and a per capita formula
as will be more fully set forth in the bylaws of the Authority and
an agreement between the participating municipalities.
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12.
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The Borough of Franklin Park, Allegheny County, Pennsylvania,
became a member of the Northland Public Library Authority by virtue
of a certificate approved by the Secretary of the Commonwealth with
all the rights, powers, duties and responsibilities as set forth in
the approved application.
[Added 8-20-1997 by Ord.
No. 448] | |||
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WITNESS the due execution of these Articles by each of the incorporating
municipalities, all as of the _____ day of __________ 1977.
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ATTEST:
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TOWN OF McCANDLESS
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Secretary
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President of Council
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ATTEST:
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TOWNSHIP OF ROSS
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Secretary
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President, Board of Commissioners
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ATTEST:
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BOROUGH OF FRANKLIN PARK
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Secretary
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President of Council
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ATTEST:
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BOROUGH OF BRADFORD WOODS
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Secretary
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President of Council
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[1]
Editor's Note: The names and addresses of the municipal
authorities are on file in the Borough offices and are available for
public inspection during regular office hours.
[2]
Editor's Note: The names and addresses of the first Board
of the Authority are on file in the Borough offices and are available
for public inspection during regular office hours.
The following person is hereby appointed a member of the first
Board of the Authority, who shall serve in accordance with Section
8 of the proposed Articles of Incorporation, for the term as set forth
opposite her name.[1]
[1]
Editor's Note: The name, address and term of office of
the appointed member of the Board of Authority is on file in the Borough
offices and is available for public inspection during regular office
hours.
Until such time as the incorporating municipalities shall otherwise
provide by resolution, the members of the Board of the Authority shall
receive no compensation for their services as Board members.
The Articles of Incorporation of the proposed Authority, in substantially the same form as set forth in § 10-13 of this article, shall be executed on behalf of the Borough of Franklin Park by the President of its Borough Council and under its Municipal Seal, attested by the Borough Secretary and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the aforesaid Municipality Authorities Act of 1945, its supplements and amendments.[1]
[1]
Editor's Note: 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.
