Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland as indicated in article histories. Amendments noted where applicable.]
[1]
Editor’s Note: Former Art. I, East Whiteland Municipal Authority, adopted 7-5-1967 by Ord. No. 32-67, as amended, was repealed 7-8-2015 by Ord. No. 269-2015.

§ 6-1 through § 6-6. (Reserved)

[Adopted 12-9-1985 by Ord. No. 76-85]

§ 6-7 Organization of Authority.

The Board of Supervisors of the Township of East Whiteland, Chester County, Pennsylvania, constituting the Municipal Authority of the said Township as defined in the Act of Assembly known as the "Municipality Authorities Act of 1945," P.L. 382,[1] hereby signifies its intention to organize, together with the Board of Supervisors of the Township of Tredyffrin, an Authority under the provisions of the said Act of Assembly, its supplements and amendments.
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 6-8 Articles of Incorporation.

In pursuance of said intention, the Articles of Incorporation of the said Authority are hereby approved by the Board of Supervisors on behalf of the said Township in the following form:
(a)
The name of the Authority is EAST WHITELAND - TREDYFFRIN JOINT TRANSPORTATION AUTHORITY;
(b)
The said Joint Authority is formed under the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended;
(c)
No other Authority has been organized under said Municipality Authorities Act of 1945, as amended, or under the Act of June 28, 1935, P.L. 463, and is in existence in or for the incorporating municipalities, except:
Tredyffrin Township Municipal Authority, organized by the Township of Tredyffrin and incorporated on June 22, 1959; and
East Whiteland Municipal Authority, organized by the Township of East Whiteland and incorporated on August 10, 1967.
(d)
The names of the incorporating municipalities are Township of East Whiteland and Township of Tredyffrin.
The names and addresses of the municipal authorities of said municipalities are:
TOWNSHIP OF TREDYFFRIN
BOARD OF SUPERVISORS
Office
Name
Address
Chairman of the Board of Supervisors
Lee F. Seybert
4 Lizbeth Lane
Berwyn, PA 19312
Vice-Chairman of the Board of Supervisors
Tracy C. Massey
Yellow Springs Road
P.O. Box 965
Paoli, PA 19301
Supervisor
Herbert W. Greenwood
317 McMull Drive
Wayne, PA 19087
Supervisor
Herbert G. Keene, Jr.
234 West Valley Road
Wayne, PA 19087
Supervisor
Wm. Scott Magargee, III
661 Timber Lane
Devon, PA 19333
Supervisor
Paul W. Olson
432 Schoolhouse Lane
Devon, PA 19333
Supervisor
Donald C. Smith
589 Walker Road
Wayne, PA 19087
TOWNSHIP OF EAST WHITELAND
BOARD OF SUPERVISORS
Chairman of the Board of Supervisors
Harold F.E. Jeunet
412 Conestoga Road
Frazer, PA 19355
Vice-Chairman of the Board of Supervisors
John J. Finn
9 Woodcrest Lane
Frazer, PA 19355
Supervisor
Florence D. Hunt
31 Wood Lane
Frazer, PA 19355
(e)
Composition of Board of Joint Authority.
(1)
The Board shall consist of five members. Two members shall be appointed by the Board of Supervisors of the Township of East Whiteland. Two members shall be appointed by the Board of Supervisors of the Township of Tredyffrin. One member shall be mutually agreed upon and appointed jointly by the Boards of Supervisors of both the Township of East Whiteland and the Township of Tredyffrin.
(2)
Each member shall be a taxpayer in, maintain a business in, or be a citizen (resident) of either the Township of Tredyffrin or the Township of East Whiteland, but no more than one (1) nonresident may be appointed to the Board.
(3)
The term of office for each member of the Board of the Joint Authority shall commence as of the date of appointment and shall be for a term as indicated in paragraph (4) below from the first Monday in January next succeeding the date of incorporation of the Joint Authority.
(4)
The names, addresses, appointing municipalities, and terms of office of the first members of the Board of the Joint Authority are:
Name
Address
Appointing Municipality
Term of Office
Barney Bus
768 N. Wayne Ave.
Tredyffrin and
1 Year
Wayne, PA 19087
East Whiteland
Robert P. Style
8 Toms Circle
East Whiteland
2 Years
Malvern, PA 19355
Paul R. Staley
345 New Market Crt.
Tredyffrin
3 Years
Wayne, PA 19087
Donald R. Loudin
41 Birch Rd.
East Whiteland
4 Years
Malvern, PA 19355
William F. Drake, Jr.
Millstream, R.D.3,
Tredyffrin
5 Years
Box 98
Malvern, PA 19355
(5)
Upon the expiration of the term of any member, the Board of Supervisors of the Township which has the power of appointment shall appoint a member of the Board for a term of five years from the date of expiration of the prior term. Any vacancy on the Board shall be filled (for the unexpired term) by the Board of Supervisors of the Township in the representation of which the vacancy occurs. One Seat on the Board shall continue to be held jointly by the Townships of Tredyffrin and East Whiteland and all subsequent appointments to this seat shall be made by mutual agreement of the Boards of Supervisors of such Townships. Elected or appointed officials of either the Township of Tredyffrin or the Township of East Whiteland shall not be eligible for appointment to the seat held jointly by such Township.
(6)
The members of the Board of the Joint Authority shall serve without compensation, but may be reimbursed for expenses incurred in connection with their duties as members of the Board.
(f)
The existence of the Joint Authority shall commence on the date of issuance of the Joint Authority's certificate of incorporation by the Secretary of the Commonwealth of Pennsylvania, and shall expire upon final payment on the Bonds or other indebtedness issued by the Joint Authority to finance or refinance the projects described in paragraph (g) below. The term of existence of the Joint Authority shall only be extended as provided in articles of amendment filed with and approved by the Secretary of the Commonwealth pursuant to applicable provisions of the Municipality Authorities Act of 1945, as amended.
(g)
The Joint Authority is organized in order to finance, acquire, hold, construct, improve, maintain, operate, own and lease, either as lessor or lessee, either individually or by agreement with any other corporation, municipality, authority or the Commonwealth of Pennsylvania (including its departments and agencies), transportation facilities or business improvement projects in the area property acquired by the Authority or within the rights-of-way of local, state or federal roadways including but not limited to, bridges, tunnels, highways, parkways, local streets, roads, sidewalks, passageways, roadbeds, traffic control systems, traffic distribution centers, parking spaces and all facilities and rights-of-way necessary or incident thereto, all as described in the plan approved by the governing bodies of the incorporating municipalities pursuant to paragraph (h) hereto. To these ends, the Joint Authority is authorized to exercise all those powers enumerated in Section 5(B) of the Municipality Authorities Act of 1945, as amended, and in the Transportation Partnership Act, approved July 9, 1985, P.L. ____; provided, however, that the Joint Authority shall comply with the procedures set forth in Section 4(E) of the Municipality Authorities Act of 1945, as amended, prior to its approval and implementation of any proposed project.
(h)
The Township of East Whiteland and the Township of Tredyffrin have retained the right existing under the Municipality Authorities Act of 1945, as amended, and under the Transportation Partnership Act to approve the plan for improvements, together with estimated costs and proposed methods of assessments, for any project undertaken by the Joint Authority in the Transportation development and Business Improvement District to be designated, or from time to time redesignated, by the mutual agreement of the governing bodies of the incorporating municipalities.

§ 6-9 Appointment of members.

The first members of the Joint Authority named in the proposed Articles of Incorporation (and identified therein as appointees of this Township) are hereby specifically appointed members of said Board for the terms of office set forth after their respective names.

§ 6-10 Execution of Articles of Incorporation.

The Chairman and members of the Board of Supervisors of the Township of East Whiteland are hereby authorized and directed to execute said Articles of Incorporation on behalf of said Township, and the Secretary of the Township is authorized and directed to attest said signatures and affix thereto the Seal of said Township, cause a notice of intention to file said Articles of Incorporation to be published once in the legal periodical of Chester County and once in a newspaper published and of general circulation in such county, and to file a certified copy of this article, together with proofs of publication of the notice of the public meeting and the notice of intention to file said Articles of Incorporation, with the Secretary of the Commonwealth of Pennsylvania, accompanied by the required filing fee as provided by said Municipality Authorities Act of 1945, its supplements and amendments.

§ 6-11 Payment of fee.

An order is to be drawn on the Treasurer of said Township of East Whiteland to pay the required fee for filing said Articles of Incorporation and the amount necessary to pay said fee is hereby appropriated from the general treasury of the said Township of East Whiteland.