[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.]
[Adopted 4-9-1945 as Ord. No. 556]
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Act of 1935 (Act of June 28, 1935, P.L. 463), was superseded by Act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.
[Amended 1-22-1957 by Ord. No. 709; 2-9-1976 by Ord. No. 1020; 9-13-2021 by Ord. No. 1562]
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:
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Articles of Incorporation
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To the Secretary of The Commonwealth of Pennsylvania:
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  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:
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1.
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The name of the Authority is "Ephrata Borough
Authority."
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2.
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Said Authority is formed under the provisions
of the Act of June 28, 1935, P.L. 463, as amended.
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3.
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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.
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4.
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The name of the incorporating municipality is
"Borough of Ephrata, County of Lancaster, Pennsylvania."
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5.
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The names and addresses of its municipal authorities
are as follows.[2]
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6.
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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] The Board of the Ephrata Borough Authority shall consist
of six members. Five members of the Board shall be taxpayers in, maintain
businesses in, or be citizens of the Borough of Ephrata, and shall
be appointed by the Borough Council of the Borough of Ephrata. One
member of the Board shall be a taxpayer in, maintain a business in,
or be a citizen of the Township of Clay, Lancaster County, Pennsylvania,
and shall be appointed by the Borough Council of the Borough of Ephrata
with the advice and consent of the Board of Supervisors of the Township
of Clay. The initial term of office of the sixth member so appointed
shall be five years commencing with the first Monday in January 2022.
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7.
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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.
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8.
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The term of existence of said Authority shall
be fifty (50) years from November 28, 1967.
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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.
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[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.
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.
[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.
[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]
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.
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.
In pursuance of said intention, the Articles
of Incorporation of said Authority are hereby approved and adopted
in the following form:
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Articles of Incorporation
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Ephrata Area Joint Authority
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To the Secretary of the Commonwealth of Pennsylvania:
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  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:
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(A)
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The name of the Authority shall be "Ephrata
Area Joint Authority."
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(B)
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The said Authority is formed under the Municipality
Authorities Act of 1945.
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(C)
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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:
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1.
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Ephrata Township Sewer Authority.
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2.
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Akron Borough Authority.
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3.
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Ephrata Borough Authority.
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(D)
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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]
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(E)
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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]
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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.
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(F)
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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.
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(G)
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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.
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(H)
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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.
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[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.
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.
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.
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.
