[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-1952 by Ord. No. 3[1]]
[1]
Editor's Note: In 1992 the Maidencreek Township Authority (see Art. II of this chapter) became full successor in interest to the Maidencreek Water Authority. The Township Board of Supervisors ratified the 1992 transfer of assets and undertaking of responsibilities on 7-28-2008 by Res. No. 15-2008, the text of which is on file in the Township offices.
The Board of Supervisors hereby signifies its intention and desire to organize an Authority under the provisions of the Municipality Authorities Act of 1945,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
The Board of Supervisors and the Secretary thereof are hereby authorized and directed to execute on behalf of Maidencreek Township, Articles of Incorporation for said Authority, in substantially the following form:
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH, 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", as amended, Maidencreek Township, Berks County, Pennsylvania, desiring to incorporate an Authority thereunder, does hereby certify:
1.
The name of the Authority is "Maidencreek Township Water Authority."
2.
Said Authority is formed under the provisions of the Act of May 2, 1945, P.L. 382, as amended.
3.
No other Authority organized under the Act of May 2, 1945, P.L. 382, as amended, or under the Act of June 28, 1935, P.L. 463, as amended, is in existence in or for the incorporating municipality, Maidencreek Township.
4.
The name of the incorporating municipality is Maidencreek Township, Berks County, Pennsylvania.
5.
The names and addresses of its municipal authorities are as follows:
John S. Rothermel, Chairman
Supervisor
Blandon, Pennsylvania
Benneville H. Burgert
Supervisor
Fleetwood, R.D. #2, Pennsylvania
Lloyd H. Bossler,
Supervisor
Blandon, Pennsylvania
William C. Hess.
Secretary
Fleetwood, R.D. #2, Pennsylvania
6.
The names, addresses and terms of office of the first members of the Board of the Authority to be formed hereby are as follows:
Name
Address
Term of Office
(years)
William P. Kline
Blandon, Maidencreek Township, Berks County, Pennsylvania
5
Clayton F. Rarick
Blandon, Maidencreek Township, Berks County, Pennsylvania
4
George Roboski
Blandon, Maidencreek Township, Berks County, Pennsylvania
3
Daniel J. Fick
Blandon, Maidencreek Township, Berks County, Pennsylvania
2
Gerald C. Koller
Blandon, Maidencreek Township, Berks County, Pennsylvania
1
7.
The ordinance authorizing the creation of said Authority, certified from the records of Maidencreek Township, together with advertisement of notice of filing these Articles of Incorporation, are each submitted herewith.
IN WITNESS WHEREOF, the undersigned have executed these Articles on behalf of Maidencreek Township and have caused to be affixed the seal thereof this _____ day of November, 1952.
Supervisor (Chairman)
Supervisor
[SEAL]
Supervisor
(Secretary)
COMMONWEALTH OF PENNSYLVANIA
:
ss
COUNTY OF BERKS
:
On this _____ day of _____, 1952, before me, the undersigned Notary Public, personally came the above named John S. Rothermel, Benneville H. Burgert, Lloyd H. Bossler and William C. Hess, whose official positions in Maidencreek Township are respectively Chairman, Supervisor, Supervisor and Secretary, being all of the Board of Supervisors of said Township, and the Secretary thereof, and who in due form of law, acknowledged the foregoing Articles of Incorporation to be the Act and Deed of said Township for the purposes therein specified.
Notary Public
The Board of Supervisors of the Township are hereby directed to cause a notice of the substance of this article, including the substance of the proposed Articles of Incorporation and of the proposed filing of the above Articles of Incorporation to be published once in the Berks County Law Journal, and once in a newspaper published and of general circulation in Berks County, as required by the Municipality Authorities Act of 1945, as amended.
The Chairman and the Secretary of the Board of Supervisors are directed to file said Articles of Incorporation, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the incorporation of Maidencreek Township Water Authority.
The initial 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 Maidencreek Township and for such other territory as it may be authorized to serve.
The following named persons be and they hereby are appointed as the first members of the Board of the Authority whose terms of office shall commence on the date of appointment and shall be computed from January 1, 1953:
Name
Address
Term of Office
(year)
William P. Kline
Blandon, Maidencreek Township, Berks County, Pennsylvania
5
Clayton F. Rarick
Blandon, Maidencreek Township, Berks County, Pennsylvania
4
George Roboski
Blandon, Maidencreek Township, Berks County, Pennsylvania
3
Daniel J. Fick
Blandon, Maidencreek Township, Berks County, Pennsylvania
2
Gerald C. Koller
Blandon, Maidencreek Township, Berks County, Pennsylvania
1
[Adopted 10-27-1971 by Ord. No. 56]
The Board of Supervisors of this Township signifies the intention and desire to organize an Authority under the Pennsylvania Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945", as amended and supplemented (the "Act"),[1] for the purposes of exercising any and all powers conferred by the Act.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
The Chairman of the Board of Supervisors and the Secretary, respectively, of this Township are authorized and directed to execute, in behalf of this Township, 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 requirements of the Pennsylvania 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 enacted by the municipal authorities of the Township of Maidencreek, Berks County, Pennsylvania, expressing the intention and desire of such municipal authorities to organize an authority under said Municipality Authorities Act of 1945, as amended and supplemented, the incorporating municipality does certify:
1.
The name of the Authority is "Maidencreek Township Authority."
2.
The Authority is formed under said Municipality Authorities Act of 1945, as amended and supplemented.
3.
No other authority has been organized under said Municipality Authorities Act of 1945, as amended and supplemented, or under the Pennsylvania Act of June 20, 1935, P. L. 463, as amended and supplemented, and is in existence in or for the incorporating municipality, except that the incorporating municipality heretofore formed the "Maidencreek Township Water Authority" under provisions of said Municipality Authorities Act of 1945, as amended and supplemented, which authority is in existence in or for said incorporating municipality.
4.
The name of the incorporating municipality is:
Township of Maidencreek, Berks County, Pennsylvania
5.
The names and addresses of the municipal authorities of said incorporating municipality are:
Office
Name
Address
Supervisor and Chairman of the Board of Supervisors
James B. Jones
R.D. #2, Fleetwood, Pennsylvania
Supervisor
Robert E. Stufflet
Blandon, Pennsylvania
Supervisor
Leo C. Gallagher
Blandon, Pennsylvania
6.
The names and addresses and terms of office of the first members of the Board of the Authority, each of whom is a resident and citizen of said incorporating municipality, are as follows:
Name
Address
Term of Office
(years)
Edward Pascavage
Box 395-A, R.D. #2, Reading, Pennsylvania
5
George E. Schlottman
Box 465, Blandon, Pennsylvania
4
Patricia Hecker
Box 84, Blandon, Pennsylvania
3
Terry Rarick
Box 802, R. D. #2, Reading, Pennsylvania
2
Charles S. Fegley
Box 429, Blandon, Pennsylvania
1
IN WITNESS WHEREOF, the Township of Maidencreek, Berks County, Pennsylvania, has caused these Articles of Incorporation to be executed by its Chairman of the Board of Supervisors and to be attested by its Secretary, and the official seal of the Township to be affixed hereto, this _____ day of _____, 1971
TOWNSHIP OF MAIDENCREEK,
Berks County, Pennsylvania
ATTEST:
By:
       Chairman of the Board of Supervisors
Secretary
(SEAL)
The Chairman of the Board of Supervisors and the Secretary, respectively, of this Township further are directed to cause notice of the substance of this article, including the substance of the foregoing Articles of Incorporation, and of the proposed filing of such Articles of Incorporation to be published as required by the Act.
The Chairman of the Board of Supervisors and the Secretary, respectively, of this Township further are directed to cause such Articles of Incorporation, together with the necessary proofs of publication, to be filed with the Secretary of the Commonwealth of Pennsylvania, and to do all other acts and things necessary or appropriate to effect the incorporation of such Authority, including payment of any filing fees required in connection therewith.
The following named persons, each of whom is a resident and citizen of this Township, shall be and they are appointed as the first members of the Board of the Authority, for the following terms of office:
Name
Address
Term of Office
(years)
Edward Pascavage
Box 395-A, R.D. #2, Reading, Pennsylvania
5
George E. Schlottman
Box 465, Blandon, Pennsylvania
4
Patricia Hecker
Box 84, Blandon, Pennsylvania
3
Terry Rarick
Box 802, R. D. #2, Reading, Pennsylvania
2
Charles S. Fegley
Box 429, Blandon, Pennsylvania
1
[Added 3-11-2021 by Ord. No. 253]
The Board of Supervisors of the Township hereby adopts and approves the amendments to the Articles of Incorporation of the Authority as proposed by a resolution dated January 21, 2021, duly adopted by the Board of the Authority, a copy of which resolution is attached hereto as Exhibit A and made a part hereof.[1]
[1]
Editor's Note: Said exhibit is on file in the Township offices.
[Added 3-11-2021 by Ord. No. 253]
The Articles of Incorporation of the Authority shall be amended to change the registered office to 1A Quarry Road, P.O. Box 289, Blandon, Berks County, Pennsylvania 19510.
[Added 3-11-2021 by Ord. No. 253]
The Articles of Incorporation of the Authority shall be amended to increase the term of existence of the Authority until January 21, 2070.
[Added 3-11-2021 by Ord. No. 253]
The proposed Articles of Amendment implementing this changes attached to this ordinance as Exhibit B[1] are hereby adopted and approved for filing with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations and the proper officers of the Authority are hereby authorized to take any and all actions necessary or appropriate to implement the terms of §§ 5-12 through 5-15.
[1]
Editor's Note: Said exhibit is on file in the Township offices.