Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5503-A - Method of incorporation(a) Whenever the municipal authorities of any county or of any city, singly or jointly (including a county-city joinder), shall desire to organize an Authority under this article, they shall adopt a resolution or ordinance signifying their intention to do so. Thereafter, the municipal authorities of such county or city 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 such Authority is to be organized and at least one time in a newspaper published and of general circulation in such county or counties. Said notice shall contain a brief statement of the substance of said resolution or ordinance, including the substance of the proposed articles of incorporation, making reference to this article, and shall state that on a day certain, not less than three (3) days after publication of said notice, articles of incorporation of the proposed Authority will be filed with the Secretary of the Commonwealth. No county or city shall be required (any law to the contrary notwithstanding) to make any other publication of such resolution or ordinance under the provision of existing law. The aforesaid publication of such notice shall be sufficient compliance with such laws.(b) On or before the day specified in said notice, the municipal authorities shall file with the Secretary of the Commonwealth articles of incorporation, together with proof of publication of the notice as aforesaid . Said articles of incorporation shall set forth the name of the Authority; a statement that such Authority is formed under this article; the name of the incorporating city or county, together with the names and addresses of its municipal authorities; and the names, addresses and term of office of the first members of the board of said Authority. If a joint authority, the articles shall specify which members are to be appointed by the respective county or city. All of which matter shall be determined in accordance with the provisions of this article. Said articles of incorporation shall be executed by each incorporating city or county by its proper officers and under its municipal seal.(c) If the Secretary of the Commonwealth finds that the articles of incorporation conform to law, he shall forthwith, but not prior to the day specified in the aforesaid notice, endorse his approval thereon 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 such certificate of incorporation by the Secretary of the Commonwealth, the corporate existence of said Authority shall begin. Said certificate of incorporation shall be conclusive evidence of the fact that such Authority has been incorporated, but proceedings may be instituted by the Commonwealth to dissolve any Authority which shall have been formed without substantial compliance with the provisions of this section.(d) When the Authority has been organized and its officers elected, the 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 (10) days after such change.1953, July 28, P.L. 723, No. 230, § 2503-A, added 2000, Oct. 30, P.L. 616, No. 85, § 6, imd. effective.