Borough of Lansdale, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Lansdale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 370.
[Adopted 12-4-1950 by Ord. No. 405 (Ch. 20 of the 1972 Code)]
The Borough Council hereby signifies its intention and desire to organize an Authority under the provisions of the Act of May 2, 1945, P. L. 382, as amended, known as the "Municipality Authorities Act of 1945."[1]
[1]
Editor's Note: Said Act, 53 P.S. § 301 et seq., was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The Mayor, the President of the Borough Council and the Secretary are hereby authorized and directed to execute on behalf of the Borough of Lansdale, Articles of Incorporation for said Authority, in substantially the following form:
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA:
In compliance with the requirements of the Act of May 2, 1945 P. L. 382, known as "Municipality Authorities Act of 1945," as amended, the Borough of Lansdale, Montgomery County, Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify:
1.
The name of the Authority is "Lansdale Parking Authority."
2.
Said Authority is formed under the provisions of the Act of May 2, 1945, P. L. 382, as amended.
3.
The only other authority in existence in or for the Borough of Lansdale is the "Lansdale Municipal Authority" incorporated under the Act of June 28, 1935, P. L. 463, as amended by the Act of May 20, 1937, P. L. 739, and by the Act of May 17, 1939, P. L. 167. The certificate of incorporation is dated June 4, 1940 and recorded on June 5, 1942 in Charter Book 3, at page 582, in the Office for the Recording of Deeds and Mortgages at Norristown, Montgomery County, Pennsylvania. The term of existence is 50 years and its purpose is the sale and distribution of water to residential and commercial consumers.
4.
The name of the incorporating municipality is Borough of Lansdale, Montgomery County, Pennsylvania.
5.
The names and addresses of its municipal authorities are as follows:
Burgess — Elwood K. Bean,
328 Columbia Avenue, Lansdale, PA
Secretary — Florence R. Getz,
N. Broad Street Lansdale, PA
Treasurer — Thomas M. Sloan,
415 N. Broad Street Lansdale, PA
President of Council — Floyd K. Brenninger,
811 Columbia Avenue, Lansdale, PA
Councilmen —
Edwin H. Hoffman,
57 Elm Drive, Lansdale, PA
W. Russell Stott,
208 Elm Drive, Lansdale, PA
Edward A. Seiz,
136 E. Third Street, Lansdale, PA
Richard M. Bitner,
609 W. Main Street, Lansdale, PA
E. Paul Derstine,
123 Susquehanna Avenue, Lansdale, PA
Gerald D. Johnson,
52 Mt. Vernon Street Lansdale, PA
John E. Miller,
Church Road, Lansdale, PA
Paul Kaler,
144 East Main Street Lansdale, PA
6.
The names, addresses and terms of office of the first members of the Board of the Municipal Authority to be formed hereby are as follows:
Name — Term — Ward — Address
Frank Martin — 5 years — West
921 York Avenue Lansdale
J. Warren Clemens — 4 years — East
819 Forrest Street Lansdale
David J. Godschall — 3 years — East
120 East 4th Street Lansdale
Wm. D. Moyer — 2 years — West
623 Columbia Avenue Lansdale
Linford D. Moyer — 1 year — South
161 S. Broad Street Lansdale
7.
The initial project will not burden or interfere with existing business nor will it in whole or in part duplicate or compete with existing enterprises serving substantially the same purposes.
8.
The ordinance authorizing the creation of said Authority, certified from the records of the Borough of Lansdale, together with advertisement of notice of filing these Articles of Incorporation are submitted herewith.
IN WITNESS WHEREOF, the undersigned have executed these Articles on behalf of the Borough of Lansdale and have caused to be affixed the seal thereof this 4th day of December 1950.
(BOROUGH SEAL)
/s/ Elwood K. Bean
  Burgess
/s/ Floyd K. Brenninger
  President of Council
Attest:
/s/ Florence R. Getz
  Borough Secretary
Commonwealth of Pennsylvania
:
: SS.
County of Montgomery
:
On this 4th day of December, 1950, before me, the Undersigned personally came the above-named Elwood K. Bean, Florence R. Getz, Floyd K. Brenninger, whose official positions in the Borough of Lansdale are respectively Burgess, Secretary, and President of Council, and who in due form of law acknowledged the foregoing to be the act and deed of the Borough of Lansdale for the purpose therein specified.
Notary Public
My Commission expires:
9.
The term of existence of the Authority shall be 50 years from the date of approval of the Articles of Amendment to the Articles of Incorporation.
[Added 8-6-1986 by Ord. No. 1343]
10.
The Authority is incorporated to acquire, hold, construct, improve, maintain, operate, own or lease, either as lessor or lessee, facilities for the provision of parking spaces and uses necessary or incidental thereto.
[Added 8-6-1986 by Ord. No. 1343]
The proper officers of the Borough are hereby directed to cause a notice of this article to be published as required by law for the publication of Borough ordinances.
The proper officers of the Borough are hereby directed to cause a notice of the proposed filing of the above Articles of Incorporation to be published once in the Montgomery County Law Reporter and once in a newspaper published and of general circulation in the County of Montgomery as required by the Municipality Authorities Act of 1945, as amended.
The Mayor, President of Borough Council and the Secretary are directed to file said Articles of Incorporation, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the incorporation of Lansdale Parking Authority.
The initial project to be undertaken by said Authority is: to acquire, hold, construct, improve, maintain, operate, own, lease either as lessor or as lessee a parking space or parking spaces and other facilities necessary or incident thereto.
The following named persons be and they hereby are appointed as the first members of the Board of the Authority whose terms of office shall commence on the date of appointment and shall be computed from January 1, 1951.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Here followed the names, terms and addresses of the original Authority members. Such original information is on file in the Borough offices.
[Adopted 5-7-1964 by Ord. No. 854 (Ch. 15 of the 1972 Code)]
[Amended 6-4-1964 by Ord. No. 859[1]]
The Borough hereby signifies its intention to be a part of the joint authority known as the "North Penn Water Authority," incorporated in 1964 and governed by the Municipal Authorities Act of 1945, as amended.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Said Act, 53 P.S. § 301 et seq., was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The initial project to be undertaken by the Authority is to acquire, hold, construct, improve, interconnect, maintain, operate own and lease, either in the capacity of lessor or lessee, waterworks, sources of water supply, water rights and allocations, water supply works and water distribution systems in the above-mentioned municipalities or any of them, or anywhere else, and for such municipalities or any of them and for such other territory as it may be authorized to serve.
The President and Secretary of the Borough Council are hereby authorized and directed to execute, on behalf of the Borough of Lansdale, Articles of Incorporation for the Authority in substantially the form presented to this meeting, which is hereby approved and is ordered to be filed with this article.
The Borough Secretary is hereby directed to cause a notice of the substance of this article to be published (separately or jointly with respect to similar ordinances adopted by other municipalities) once in the legal periodical for Montgomery County and once in a newspaper published and of general circulation in such county, pursuant to the Municipality Authorities Act of 1945, as amended.
The President and Secretary of the Borough Council are directed to file said Articles of Incorporation, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the incorporation of the Authority.
Section 6 of the Authority's Articles of Incorporation shall provide that the respective municipalities which are incorporating members of the Authority shall each have one representative on the Board of the Authority.
The following named person is hereby appointed as the first member of the Board of Authority to represent this Borough, whose term of office shall commence on the date of appointment and shall be computed from January 1 next succeeding the date of incorporation.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Here followed the name, term and address of the original Authority member. Such original information is on file in the Borough offices.
It is the intention of the Borough, subject to agreement between it and the Authority upon appropriate terms and conditions to be approved by Borough Council, that the Borough will either sell the assets constituting the water supply and distribution system in the Borough for an amount to be agreed upon with the Authority, or to lease such assets to the Authority at a rental to be agreed upon, for a long term, in implementation of the Committee recommendation.