Borough of Ephrata, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ephrata: Art. I, 4-9-1945 as Ord. No. 556; Art. II, 4-11-1983 as Ord. No. 1105. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 259.
Water — See Ch. 311.
[Adopted 4-9-1945 as Ord. No. 556]

§ 11-1 Intention to organize municipal authority.

The Borough Council hereby signifies its intention and desire to organize an authority under the provisions of the Municipality Authorities Act of One Thousand Nine Hundred and Thirty-five, as amended.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1935 (Act of June 28, 1935, P.L. 463), was superseded by Act of May 2, 1945 (P.L. 382). See now 53 P.S. § 301 et seq.

§ 11-2 Articles of Incorporation.

[Amended 1-22-1957 by Ord. No. 709; 2-9-1976 by Ord. No. 1020]
The Mayor, the President of the Borough Council and the Secretary are hereby authorized and directed to execute, on behalf of the Borough of Ephrata, 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 June 28, 1935, P. L. 463, known as "Municipality Authorities Act of One Thousand and Nine Hundred and Thirty-five," as amended,[1] the Borough of Ephrata, Lancaster County, Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify:
1.
The name of the Authority is "Ephrata Borough Authority."
2.
Said Authority is formed under the provisions of the Act of June 28, 1935, P.L. 463, as amended.
3.
No other Authority organized under said Act of June 28, 1935, P.L. 463, as amended, or under the Act of December 27, 1933 (Special Session, 1933, P. L. 114), is in existence in or for the incorporating municipality, the Borough of Ephrata.
4.
The name of the incorporating municipality is "Borough of Ephrata, County of Lancaster, Pennsylvania."
5.
The names and addresses of its municipal authorities are as follows.[2]
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.[3]
7.
The ordinance authorizing the creation of said Authority, certified from the records of the Borough of Ephrata, together with advertisement of notice of filing these Articles of Incorporation, are each submitted herewith.
8.
The term of existence of said Authority shall be fifty (50) years from November 28, 1967.
IN WITNESS WHEREOF, The undersigned have executed these Articles on behalf of the Borough of Ephrata and have caused to be affixed the seal thereof this ___ day of ______________, 1945.
[1]
Editor's Note: The Municipality Authorities Act of 1935 (Act of June 28, 1935, P.L. 463), was superseded by Act of May 2, 1945 (P.L. 382). See now 53 P.S. § 301 et seq.
[2]
Editor's Note: The names and addresses of the municipal authorities are on file in the office of the Borough Manager.
[3]
Editor's Note: The names, addresses and terms of office of the first members of the Authority are on file in the office of the Borough Manager.

§ 11-3 Water project authorized.

The project which shall be undertaken by the said Authority is to acquire, hold, construct, improve, maintain, operate, own, lease, either as lessor or as lessee, water works, water supply works and water distribution systems for the Borough of Ephrata and for such other territory as it may be authorized to serve.

§ 11-4 Sewer project authorized.

[Added 10-9-1957 by Ord. No. 714]
The additional project which shall be undertaken by said Ephrata Borough Authority is to acquire, hold, construct, improve, maintain, operate, own, lease, as lessor or lessee, sewers, sewer systems or parts thereof and sewage treatment works, including works for treating and disposing of industrial waste for the Borough of Ephrata and for such other territory as it may be authorized to serve.

§ 11-5 Recreation project authorized.

[Added 5-24-1967]
The borough hereby designates an additional project to be undertaken by Ephrata Borough Authority as follows: to acquire, hold, construct, improve, maintain, operate, own, lease, either as lessor or lessee, parks, recreation grounds and facilities, swimming pools, playgrounds, lands, buildings, improvements and all facilities necessary or incidental thereto located in the Borough of Ephrata, Lancaster County, Pennsylvania.
[Adopted 4-11-1983 as Ord. No. 1105]

§ 11-6 Intention to organize municipal authority.

The Borough Council of this borough hereby signifies its intention to organize an authority, jointly with the Borough of Akron and the Townships of Clay and Ephrata under the provisions of the Municipality Authorities Act of 1945 (Act of May 2, 1945, P.L. 382, as amended),[1] to be named "Ephrata Area Joint Authority."
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 11-7 Public hearings held.

In preparation for the passage of this Article, public hearings were held on April 11, 1983, as required by law, for discussion of the intention of the Boroughs of Ephrata and Akron and the Townships of Clay and Ephrata.

§ 11-8 Articles of Incorporation.

In pursuance of said intention, the Articles of Incorporation of said Authority are hereby approved and adopted in the following form:
Articles of Incorporation
Ephrata Area Joint Authority
To the Secretary of the Commonwealth of Pennsylvania:
  In compliance with the Municipality Authorities Act of 1945 (the Act of May 2, 1945, P.L. 382, as amended and supplemented),[1] the Borough of Akron, the Borough of Ephrata, the Township of Clay and the Township of Ephrata, all of Lancaster County, Pennsylvania, pursuant to identical ordinances duly enacted by the governing bodies of said municipalities (the "incorporating municipalities") authorizing and directing the formation of a joint authority under said Act do hereby certify:
(A)
The name of the Authority shall be "Ephrata Area Joint Authority."
(B)
The said Authority is formed under the Municipality Authorities Act of 1945.
(C)
The following municipality authorities have been organized under the Municipality Authorities Act of 1945 or under the Act approved June 28, 1935, P.L. 463,[2] or are currently in existence in and for the incorporating municipalities:
1.
Ephrata Township Sewer Authority.
2.
Akron Borough Authority.
3.
Ephrata Borough Authority.
(D)
The names of the incorporating municipalities are the Borough of Akron," the "Borough of Ephrata," the "Township of Ephrata" and the "Township of Clay," Pennsylvania, and the names and addresses of their respective municipal authorities (officials) are as follows.[3]
(E)
The names, addresses, appointing municipality and terms of office of the first members of the Board of said Authority, each being a citizen of the incorporating municipality which appointed him, are as follows.[4]
The terms of office of the first members of the Board of said Authority shall commence on the date of appointment and shall be computed from the first day of January 1984.
(F)
The governing body of each incorporating municipality shall be entitled to appoint two (2) members of the Board of the Authority. All vacancies on said Board shall be filled by appointment by the governing body of the incorporating municipality in whose representation the vacancy occurred. Such appointment shall be for the balance of the predecessor member's term, if any, or if none, for a full term of five (5) years.
(G)
No new types of projects, other than those listed in § 11-11 of this Article, shall be undertaken by the Authority without prior approval of all the incorporating municipalities.
(H)
The members of the Board of the Authority shall serve without compensation, but may be reimbursed for expenses incurred in connection with their duties as members of the Board.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
[2]
Editor's Note: The Act approved June 28, 1935 (P.L. 463), was repealed by the Municipality Authorities Act of 1945 (see 53 P.S. § 301 et seq.).
[3]
Editor's Note: The names and addresses are on file in the office of the Borough Manager.
[4]
Editor's Note: The names, addresses, appointing municipality and terms of office are on file in the office of the Borough Manager.

§ 11-9 Appointment of first members; terms.

Those members of the Board of said Authority, who are named in the aforesaid Articles of Incorporation as being appointed by this borough, are hereby specifically appointed members of said Board for the terms set after their respective names, commencing on the date of appointment and computed from the first Monday of January 1984.

§ 11-10 Execution of Articles of Incorporation.

The President of the Borough Council of this borough is hereby authorized and directed to execute said Articles of Incorporation on behalf of said borough, with such changes therein as the signer may approve, and the Secretary or Assistant Secretary is hereby authorized and directed to affix thereto and attest the Seal of said borough. Said officers are further authorized and directed to cause a notice of intention to file said Articles of Incorporation to be published as required by law and to file said Articles of Incorporation (when they have been executed also by the officers of the Borough of Akron and the Townships of Clay and Ephrata), together with a certified copy of this Article and required proofs of publication, with the Secretary of the Commonwealth of Pennsylvania, and to take all such action as they may deem necessary or appropriate to establish said Authority and carry out the intention of this Article.

§ 11-11 Initial project.

The initial project to be undertaken by said Authority is as follows: to acquire, hold, improve, maintain, operate and own water resource development projects, water storage, purification, transmission and distribution facilities and systems and all properties, assets and activities useful in relation thereto.