5603 - Method of incorporation.

     § 5603.  Method of incorporation.        (a)  Resolution of intent.--Whenever the municipal     authorities of any municipality singly or of two or more     municipalities jointly desire to organize an authority under     this chapter, they shall adopt a resolution or ordinance     signifying their intention to do so. No such resolution or     ordinance shall be adopted until after a public hearing has been     held, the notice of which shall be given at least 30 days before     the hearing and in the same manner as provided in subsection (b)     for the giving of notice of the adoption of the resolution or     ordinance.        (b)  General notice of adopted resolution.--If the resolution     or ordinance is adopted, the municipal authorities of such     municipality or municipalities shall cause a notice of such     resolution or ordinance to be published at least one time in the     legal periodical of the county or counties in which the     authority is to be organized and at least one time in a     newspaper published and in general circulation in such county or     counties. The notice shall contain a brief statement of the     substance of the resolution or ordinance, including the     substance of the articles making reference to this chapter. In     the case of authorities created for the purpose of making     business improvements or providing administrative services, if     appropriate, the notice shall specifically provide that the     municipality or municipalities have retained the right which     exists under this chapter to approve any plan of the authority.     The notice shall state that on a day certain, not less than     three days after publication of the notice, articles of     incorporation of the proposed authority shall be filed with the     Secretary of the Commonwealth. No municipality shall be required     to make any other publication of the resolution or ordinance     under the provisions of existing law.        (c)  Filing articles of incorporation.--On or before the day     specified in the notice required under subsection (b), the     municipal authorities shall file with the Secretary of the     Commonwealth articles of incorporation together with proof of     publication of the notice required under subsection (b). The     articles of incorporation shall set forth:            (1)  The name of the authority.            (2)  A statement that the authority is formed under this        chapter.            (3)  A statement whether any other authority has been        organized under this chapter or under the former act of June        28, 1935 (P.L.463, No.191), entitled "An act providing for        the incorporation, as bodies corporate and politic, of        "Authorities" for municipalities, counties, and townships;        defining the same; prescribing the rights, powers, and duties        of such Authorities; authorizing such Authorities to acquire,        construct, improve, maintain, and operate projects, and to        borrow money and issue bonds therefor; providing for the        payment of such bonds, and prescribing the rights of the        holders thereof; conferring the right of eminent domain on        such Authorities; authorizing such Authorities to enter into        contracts with and to accept grants from the Federal        Government or any agency thereof; and for other purposes," or        the act of May 2, 1945 (P.L.382, No.164), known as the        Municipality Authorities Act of 1945, and is in existence in        or for the incorporating municipality or municipalities. If        any one or more of the municipalities have already joined        with other municipalities not composing the same group in        organizing a joint authority, the application shall set forth        the name of that authority together with the names of the        municipalities joining in it.            (4)  The name of the incorporating municipality or        municipalities together with the names and addresses of its        municipal authorities.            (5)  The names, addresses and term of office of the first        members of the board of the authority.            (6)  In the case of authorities created for the purpose        of making business improvements or providing administrative        services, if appropriate, a statement that the municipality        or municipalities have retained the right which exists under        this chapter to approve any plan of the authority.            (7)  Any other matter which shall be determined in        accordance with the provisions of this chapter.        (d)  Execution of articles.--The articles of incorporation     shall be executed by each incorporating municipality by its     proper officers and under its municipal seal.        (e)  Certification of incorporation.--If the Secretary of the     Commonwealth finds that the articles of incorporation conform to     law, he shall, but not prior to the day specified in the notice     published in accordance with subsection (b), endorse his     approval of them and, when all proper fees and charges have been     paid, shall file the articles and issue a certificate of     incorporation to which shall be attached a copy of the approved     articles. Upon the issuance of a certificate of incorporation by     the Secretary of the Commonwealth, the corporate existence of     the authority shall begin. The certificate of incorporation     shall be conclusive evidence of the fact that the authority has     been incorporated, but proceedings may be instituted by the     Commonwealth to dissolve an authority which was formed without     substantial compliance with the provisions of this section.        (f)  Certification of officers.--When an authority has been     organized and its officers elected, its secretary shall certify     to the Secretary of the Commonwealth the names and addresses of     its officers as well as the principal office of the authority.     Any change in the location of the principal office shall     likewise be certified to the Secretary of the Commonwealth     within ten days after such change. An authority created under     the laws of the Commonwealth and existing at the time this     chapder is enacted, in addition to powers granted or conferred     upon the authority, shall possess all the powers provided under     this chapter.     (Dec. 17, 2001, P.L.926, No.110, eff. imd.)        2001 Amendment.  Act 110 amended subsec. (f), retroactive to     June 19, 2001.        Cross References.  Section 5603 is referred to in section     5605 of this title.