[Adopted 4-12-1971 by Ord. No. 119]
It is hereby declared to be the desire and intention of the Board of Supervisors of the Township of Derry, being a municipality of the Commonwealth of Pennsylvania and situate in Dauphin County, to organize an authority under the Municipality Authorities Act of 1945, as amended,[1] for the purpose of exercising and enjoying all powers capable of being exercised by a municipal authority under the aforesaid Act.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[Amended 11-24-1998 by Ord. No. 450; 1-26-2016 by Ord. No. 674]
The proposed Articles of Incorporation of the Authority are as follows:
Articles of Incorporation of the Derry Township Municipal Authority
To: The Secretary of the Commonwealth of Pennsylvania
In compliance with the requirements of the Municipality Authorities Act, approved May 2, 1945, P.L. 382, as amended, the Township of Derry of Dauphin County, Pennsylvania, a municipality of the Commonwealth of Pennsylvania, pursuant to ordinance duly adopted by the said municipality signifying its desire and intention to form an authority hereby certifies:
1.
The name of the authority shall be "Derry Township Municipal Authority," Dauphin County, Pennsylvania.
2.
The said authority is formed under the Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382, as amended.
3.
No other authority or joint authority organized under the said Act of 1945 or under the Act approved June 28, 1935, P.L. 463, as amended, is in existence in or for the incorporating municipality named herein.
4.
The name of the incorporation municipality, together with the names and addresses of its respective municipal authorities are as follows: [Here followed the names and addresses of the members and officers of the Board of Supervisors in office when this article was enacted.]
5.
The Board of the Authority shall be seven in number and shall be appointed by the Board of Supervisors of the Township of Derry.
6.
The names, addresses and terms of office of the first members of the Board of the Authority are: [Here followed the names, addresses and terms of office of the first members of the Board.]
7.
The term of existence of the Authority shall end on January 1, 2048.
8.
In addition to the powers and project authorizations of the authority provided for in Ordinance No. 119 of 1971 of the Board of Supervisors of the Township, to wit, "exercising and enjoying all powers capable of being exercised by the municipal authority" and undertaking project(s) "[t]o acquire, hold, construct, improve, maintain, operate, own and lease, either in the capacity of lessor or lessee, sewers, sewer systems, interceptor lines, sewage treatment works and works for the treatment and disposal of industrial waste," the authority is authorized to acquire, hold, construct, improve, maintain, operate, and own stormwater systems or parts thereof, including the planning, management and implementation of stormwater systems."
In witness whereof, the incorporating municipality has caused these Articles of Incorporation to be executed by its duly authorized officers under its municipal seal, this 12th day of April 1971.
The persons referred to in Paragraph 6 of the Articles of Incorporation set forth in § 6-3, designated as the appointees of the Township of Derry are hereby appointed as the first members of the Board of the Authority for the terms indicated, it being understood that the adoption of this article by the Township of Derry shall effect the appointment of the members listed above and designated as representatives of the Township.
The project or projects authorized to be undertaken by the proposed authority shall be as follows: to acquire, hold, construct, improve, maintain, operate, own and lease, either in the capacity of lessor or lessee, sewers, sewer systems, interceptor lines, sewage treatment works and works for the treatment and disposal of industrial waste.