City of Butler, PA Article III Butler Area Sewer Authority

[Adopted 11-3-1962 as Ord. No. 947]

§ 6-13 Organization of Joint Authority.

It is the joint desire and intention of the municipal authorities of the City of Butler, Pennsylvania, and the Township of Butler, Butler County, Pennsylvania, to organize an authority under the Municipalities Authorities Act of 1945, designated as Act No. 164, approved May 2, 1945, together with all supplements thereof and amendments thereto,[1] for the purpose of exercising and enjoying all the powers of the Act, its supplements or amendments.

[1] Editor's Note: See 53 P.S. § 301 et seq.

§ 6-14 Name of Authority.

The name of the proposed authority is the "Butler Area Sewer Authority."

§ 6-15 Articles of Incorporation.

[Amended 9-22-2016 by Ord. No. 1732]

The proposed Articles of Incorporation of the Authority are as follows:

MUNICIPAL AUTHORITY ARTICLES OF INCORPORATION TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
In compliance with the Municipalities Authorities Act 1945, its supplements and amendments,[1] the City of Butler and the Township of Butler, Butler County, Pennsylvania, pursuant to ordinances duly adopted by the representative municipal authorities of both municipalities, signifying their joint desire and intention to form an authority, hereby certify:
	1.	The name of the Authority shall be: "Butler Area Sewer Authority."
	2.	This Authority is formed under the Municipality Authorities Act of 1945, its supplements and amendments.
	3.	The City of Butler, Pennsylvania, has in existence two (2) joint authorities with the County of Butler, Pennsylvania, namely: Butler City-County Airport Authority and Butler County-City Connoquenessing Creek Flood Control Authority, both of which were formed under the Municipality Authorities Act of 1945, its supplements and amendments. The Township of Butler, Butler County, Pennsylvania, has in existence three (3) Authorities formed under the Municipality Authorities Act of 1945, its supplements and amendments, namely; Deshon Sanitary Disposal and Sewer Authority of the Township of Butler, Northwest Sanitary Sewer System Authority, and South Butler Township Sanitary Sewer Authority.
	4.	The purpose for which the Authority is formed is to acquire, hold, improve, maintain and operate, own, lease, either in capacity of lessor or lessee, the existing sewage treatment plant which serves both of the incorporating municipalities and the existing interceptor and collection sewers connected thereto and to enlarge and expand said sewage treatment plant and construct interceptor sewers in accordance with plans and specifications prepared therefor by Chester Engineers under date of August, 1960; operate, maintain and improve said facilities, and such additional facilities, including sewers and sewer systems, as may be necessary to provide for the adequate collection and treatment of sewage wastes from the incorporating municipalities and to treat sewage wastes from such adjoining political subdivisions or areas as may desire the service; and to exercise all powers and control and maintain all facilities in any way used, useful, necessary, convenient or incidental to the furtherance and operation of such project.
	5.	The respective names of the incorporating municipalities are: the City of Butler, Pennsylvania, and the Township of Butler, Butler County, Pennsylvania.
	6.	The names and addresses of the Mayor and the members of Council of the City of Butler, Pennsylvania, such persons being the municipal authorities of the municipality, are as follows:

	(a)	Walter Schweppe Mayor	522 North McKean Street Butler, Pennsylvania
	(b)	Merrill D. Shawkey Director of Accounts & Finance	Lumar Village Butler, Pennsylvania
	(c)	Victor A. Campbell Director of Parks & Public Property	210 First Street Butler, Pennsylvania
	(d)	Frank C. Lefevre Director of Streets and Public Improvements	120 South Cliff Street Butler, Pennsylvania
	(e)	Filbert G. Yost Director of Public Safety	938 East Brady Street Butler, Pennsylvania

The names and addresses of the Commissioners of the Township of Butler, Butler County, Pennsylvania, such persons being the municipal authorities, are as follows:

	(a)	M.E. Stephenson, Chairman	North McKean Street Extension Butler Pennsylvania
	(b)	Mitchel C. Yankowski	228 Home Avenue Butler, Pennsylvania
	(c)	Dale W.J. Martin	Old Plank Road Butler, Pennsylvania
	(d)	Peter Holot	Mounted Route #11 Butler, Pennsylvania
	(e)	William O. Miller	318 Meridian Road Butler, Pennsylvania
	(f)	Harry F. Bajcz	3 Randolph Street Lyndora, Pennsylvania

7.

A membership of the Board of the Authority to be formed hereby shall be apportioned so that the City of Butler, Pennsylvania, shall have three (3) members and the Township of Butler, Pennsylvania, shall have two (2) members. The names and addresses of the office of the first Board of the Authority to be formed hereby are as follows:

	For City of Butler
	1.	B.C. Huselton 704 North McKean Street Butler, Pennsylvania	Whose term expires 1967
	2.	John J. Tray, Jr. 822 Belmont Road Butler, Pennsylvania	Whose term expires 1965
	3.	W.D. Greenough 608 North McKean Street Butler, Pennsylvania	Whose term expires 1963

	For Township of Butler
	1.	R. Glenn Thompson 435 Belmont Road Butler, Pennsylvania	Whose term expires 1966
	2.	Harold R. Miller 107 Woodland Road Butler, Pennsylvania	Whose term expires 1964

In witness whereof, the incorporating municipalities have executed these Articles, each by its proper officers thereunto duly authorized, and under its municipal Seal this 30th day of October 1962.

ATTEST:
		CITY OF BUTLER,
			PENNSYLVANIA
ALICE S. JOHNSTON		BY WALTER SCHWEPPE
	CITY CLERK		MAYOR
ATTEST:
		TOWNSHIP OF BUTLER, PENNSYLVANIA
MARY JANE SPINDER,		BY  M.E. STEPHENSON
	SECRETARY		Chairman of the Board of Commissioners

[1] Editor's Note: See 53 P.S. § 301 et seq.

§ 6-16 Execution of Articles of Incorporation.

The Articles of Incorporation of the Authority, in substantially the form set forth in § 6-15 of this Article, shall be executed on behalf of the City of Butler by the Mayor and, under its municipal seal, attested by the City Clerk of the City of Butler, and on behalf of the Township of Butler by the Chairman of the Board of Commissioners of Butler Township, and under its municipal Seal, attested by the Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the Municipalities Authorities Act of 1945, its supplements and amendments.[1]

[1] Editor's Note: See 53 § 301 et seq.

§ 6-17 Findings.

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 City of Butler and the Township of Butler.