Township of West Hanover, PA
Dauphin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 158.
[Adopted 1-20-1986 as Ch. 1, Part 3, of the 1986 Code]

§ 4-1 Legislative intent.

West Hanover Township is a rapidly growing suburban, residential-oriented township, and has experienced the modern-day governmental service problems associated with such growth. In an effort to address such governmental service problems and to create a vehicle whereby such problems may be solved, it is deemed desirable to establish and organize a body politic and corporate whose entire purpose shall be to address and solve the governmental service problems identified in the "Municipality Authorities Act of 1945" ("Act").[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 4-2 Creation of Authority.

There is hereby established and organized a body politic and corporate, to commence lawful existence upon the issuance of a certificate of incorporation by the Secretary of the Commonwealth, to be known as the "West Hanover Township Authority."

§ 4-3 Powers.

The Authority shall have all powers vested generally in an authority, pursuant to the Act, subject, nevertheless, to the following limitations:
A. 
No plan of the Authority shall become effective, without prior approval of the West Hanover Township Board of Supervisors, which shall involve the making of business improvements or the providing of administrative services.
B. 
By ordinance or ordinances, subsequently adopted, as provided in Section 4(c) of the Act,[1] the West Hanover Township Board of Supervisors reserves the right to specify the project or projects to be undertaken by the Authority.
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 4-4 Membership; appointment; terms.

The members of the Authority shall be five in number, each of whom shall be taxpayers in West Hanover Township and either be a resident of or the owner of a business in West Hanover Township. Each member shall be appointed by the West Hanover Township Board of Supervisors for a term of five years; however, the appointment of the initial members shall be for shorter terms of one, two, three, four and five years so that staggered vacancies shall occur each year thereafter.

§ 4-5 Funds.

The Authority shall devise its own plans of financial management and funding of projects undertaken by it; however, until such funding plans are completed, the West Hanover Township Board of Supervisors shall make such appropriations as may be necessary to provide for the initial planning and funding required of the Authority, subject, nevertheless, to the requirement that the Authority shall reimburse West Hanover Township for funds so advanced as funds thereafter become available to the Authority.

§ 4-6 Execution and filing of Articles of Incorporation.

The Chairman of the Board of Supervisors of West Hanover Township and the Secretary of West Hanover Township are hereby authorized to execute and file Articles of Incorporation for the West Hanover Township Authority in the office of the Secretary of the Commonwealth in the proper form and in the manner authorized by the Act and this article.
[Adopted 3-19-1990 by Ord. No. 1990-2]

§ 4-7 Legislative intent.

The Board of Supervisors of West Hanover Township hereby signifies its intent to organize an Authority in accordance with the terms of the Municipality Authorities Act of 1945.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.

§ 4-8 Creation of Authority.

There is hereby organized and established a body corporate and politic, which shall be known as the "West Hanover Township Water and Sewer Authority" ("the Authority," herein), and which shall commence its lawful existence upon the issuance of a certificate of incorporation by the Secretary of the Commonwealth of Pennsylvania.

§ 4-9 Projects to be undertaken by Authority.

A. 
The Authority shall be for the purpose of acquiring, holding, constructing, improving, maintaining, operating, owning or leasing, either in the capacity of lessor or lessee, projects of the following kind and character:
(1) 
Sewers, sewer systems or parts thereof.
(2) 
Sewage treatment works, including works for treating and disposing of industrial waste.
(3) 
Waterworks, water supply works or water distribution systems.
B. 
The Board of Supervisors specifically reserves its right to specify, from time to time by subsequent resolution or ordinance, the projects to be undertaken by the Authority, and no projects shall be undertaken by said Authority other than those so specified.

§ 4-10 Membership; appointment; terms.

The powers of the Authority shall be exercised by a governing body ("the Board," herein), which shall consist of five members, each of whom shall be a taxpayer in, maintain a business in or be a citizen of West Hanover Township. The terms of office of the members of the Board shall commence on the date of appointment. One member shall serve for one year, one for two years, one for three years, one for four years and one for five years from the first Monday in January next succeeding the date of the Authority's incorporation.

§ 4-11 Funds.

The Authority shall devise its own plans of fiscal management and funding for the projects it undertakes. Until the Authority makes all necessary funding arrangements, however, the Board of Supervisors shall make those appropriations necessary to allow the Authority to proceed with its initial planning, on the express condition that the Authority shall reimburse the Board of Supervisors for all such appropriations as the Authority becomes able to do so.

§ 4-12 Execution and filing of Articles of Incorporation.

The Chairman of the Board of Supervisors and the West Hanover Township Secretary are hereby authorized to execute and file Articles of Incorporation for the Authority, in the form and in the manner prescribed by the Municipality Authorities Act of 1945,[1] in the office of the Secretary of the Commonwealth.
[1]
Editor's Note: See 53 P.S. § 301 et seq.