Borough of Carlisle, PA
Cumberland 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 Borough Council of the Borough of Carlisle as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 197.
Water — See Ch. 251.
[Adopted 1-29-1948 by Ord. No. 44-B, approved 1-29-1948]
The Borough Council hereby signifies its intention and desire to organize an Authority under the provisions of the Municipality Authorities Act of 1945.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 was repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
The Mayor, the President of Borough Council and the Secretary are hereby authorized and directed to execute, on behalf of the Borough of Carlisle, 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 May 2, 1945, P.L. 382, known as "Municipality Authorities Act of 1945," the Borough of Carlisle, Cumberland County, Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify:
1.
The name of the Authority is "Carlisle Borough Municipal Authority."
2.
Said Authority is formed under the provisions of the Act of May 2, 1945, P.L. 382.
3.
No other Authority organized under the Act of May 2, 1945, P.L. 382, or under the Act of June 28, 1935, P.L. 463, as amended, is in existence in or for the incorporating municipality, the Borough of Carlisle.
4.
The name of the incorporating municipality is "Borough of Carlisle, Cumberland County, Pennsylvania."
5.
The names and addresses of its municipal authorities are as follows:[1]
6.
The names and addresses and term of office of the first members of the Board of the Municipal Authority to be formed hereby are as follows:[2]
7.
The ordinance authorizing the creation of said Authority, certified from the records of the Borough of Carlisle, together with advertisement of notice of filing these Articles of Incorporation, are each submitted herewith.
8.
The term of existence of the Authority shall be for 30 years from the date of approval of these articles of amendment to the Articles of Incorporation.
[Added 6-10-1982 by Ord. No. 1396, approved 6-10-1982]
[1]
Editor's Note: The names and addresses of the principal officers of the Borough in office when the Municipal Authority was created originally appeared here.
[2]
Editors Note: The names, addresses and terms of office of the first appointees originally appeared here.
[Amended 1-12-1950 by Ord. No. 86-B, approved 1-12-1950; 7-23-1981 by Ord. No. 1378, approved 7-23-1981; 6-10-1982 by Ord. No. 1396, approved 6-10-1982]
The projects which shall be undertaken by the said Authority are: to acquire, hold, improve, construct, maintain, operate, own, lease, either as lessor or lessee, waterworks, supply works and distribution systems for the Borough of Carlisle and for such other territory as it may be authorized to serve; to acquire, hold, own and dispose of real estate, including land and buildings, either existing or to be constructed, for the purpose of constructing an addition to the Stevens Grade School building of the School District for operation for public school purposes; to acquire, hold, construct, improve, equip, maintain and lease, either in the capacity of lessor or lessee, whether currently existing or to be constructed, certain facilities of Dickinson College consisting of an alumni gymnasium and the conversion thereof into a fine arts and cultural center and the Kline Life/Sports Learning Center for partial public usage and the use of Dickinson College; and to acquire, hold, construct, improve, maintain, operate, own, lease, either in the capacity of lessor or lessee, buildings and facilities for private, nonprofit, nonsectarian colleges and universities which are determined by the Authority to be eligible educational institutions upon the condition that such buildings and facilities for such institutions have been approved by resolution adopted by the Council for the Borough of Carlisle and such approval is not to obligate the taxing power of the Borough of Carlisle; provided, however, that except for the resolution presented to Council at its meeting on June 10, 1982, no such future resolution presented to Council shall be acted upon by Council at the same meeting when it is presented to Council, but action shall be taken on the resolution at the next regularly scheduled Council meeting.
[Adopted 4-25-1956 by Ord. No. 82-C, approved 4-26-1956]
The Council of the Borough of Carlisle, Cumberland County, Pennsylvania, hereby signifies its intention and desire to organize an Authority under the provisions of the Act of Assembly of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," its amendments and supplements,[1] for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof and sewage treatment works, including works for treating and disposing of industrial wastes.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
The Mayor, President of Council and Secretary of Council, respectively, of the Borough of Carlisle, Cumberland County, Pennsylvania, hereby are authorized and directed to execute, on behalf of the Borough of Carlisle, Cumberland County, Pennsylvania, 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 May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended and supplemented, and pursuant to an ordinance adopted by the municipal authorities of the Borough of Carlisle, Cumberland County, Pennsylvania, expressing the intention and desire of the municipal authorities of said municipality to organize a Municipal Authority under said Act, the said municipality hereby does certify:
1.
The name of the Authority is "Carlisle Borough Sewer System Authority."
2.
The said Authority is formed under the provisions of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended and supplemented, for the purposes of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof and sewage treatment works, including works for treating and disposing of industrial wastes.
3.
No other Authority has been organized under the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945," as amended and supplemented, or under the Act of June 28, 1935, P.L. 463, as amended, and is in existence in or for the incorporating municipality, except that the incorporating municipality heretofore has incorporated the Carlisle Borough Municipal Authority,[1] under the provisions of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945." The municipality, by resolution or ordinance, has specified certain projects to be undertaken by the said Carlisle Borough Municipal Authority, which specified projects do not include a project of the type or nature which may be undertaken by the Authority formed hereby.
4.
The name of the incorporating municipality is: Borough of Carlisle, Cumberland County, Pennsylvania.
5.
The names and addresses of the municipal authorities of said incorporating municipality are:[2]
6.
The names and addresses and terms of office of the first members of the Board of said Authority, each of whom is a resident and citizen of said incorporating municipality, are as follows:[3]
[1]
Editor's Note: See Art. I of this chapter.
[2]
Editor's Note: The name, and addresses of the principal officers of the Borough in office when the Sewer Authority was created originally appeared here.
[3]
Editor's Note: The names addresses and terms of office of the first appointees originally appeared here.
The adoption of this article is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare and will increase the prosperity of the people of the Borough of Carlisle, Cumberland County, Pennsylvania.
[Added 5-5-2006 by Ord. No. 2056, approved 5-12-2006]
The term of existence of the Authority is increased to a date of 50 years from the date of approval of the Articles of Amendment to be filed by the Carlisle Borough Sewer System Authority. This provision shall be added to the Articles of Incorporation of the Authority,[1] which shall be amended accordingly.
[1]
Editor's Note: See § 10-5, Articles of Incorporation.