[HISTORY: Adopted by the Borough Council
of the Borough of Derry 3-8-1943 by Ord. No. 209 (Ch. I, Part 2, of the
1975 Code of Ordinances). Amendments noted where applicable.]
The municipal authorities of the Borough of
Derry hereby signify their desire and intention to organize an Authority
under the Municipality Authorities Act of 1935, approved June 28,
1935, P.L. 463, and its amendments.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[Amended 6-20-1963 by Ord. No. 322; 12-30-1992 by Ord. No.
610]
The Burgess, the President of Council and the
Secretary of Council are hereby authorized and directed to execute
on behalf of the Borough of Derry, Articles of Incorporation for said
Authority in substantially the following form:
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Articles of Incorporation
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To the Secretary of the Commonwealth of Pennsylvania:
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In compliance with the requirements of the Act
of June 28, 1935, P.L. 463, as amended, the Borough of Derry, County
of Westmoreland, Pennsylvania, pursuant to a duly enacted ordinance
authorizing the formation of a Municipal Authority, hereby certifies:
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1.
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The name of the Authority shall be: The Municipal
Authority of the Borough of Derry, County of Westmoreland, Pennsylvania.
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2.
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This Authority is formed under the Act of June
28, 1935, P.L. 463, as amended.
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3.
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No other Authority organized under the Act of
June 28, 1935, P.L. 463, as amended, or under the Act of December
27, 1933, Special Session, P.L. 114, is in existence in or for this
municipality.
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4.
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The name of the incorporating municipality is
the Borough of Derry, County of Westmoreland, Pennsylvania.
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5.
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The names and addresses of the Burgess and Councilmen
of said incorporating municipality are as follows: . . . . [Here followed
the names and addresses of the Burgess and Councilmen in office at
the time of enactment of this chapter.]
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6.
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The names, addresses and terms of office of
the first members of the Board of the Municipal Authority to be formed
hereby are as follows:. . . . [Here followed the names, addresses
and terms of office of the first members of the Board of the Authority.]
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7.
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The ordinance of the Borough of Derry, authorizing
the formation of said Authority, certified from the Borough records,
together with proof of publication and notice of filing these Articles
of Incorporation, are each submitted herewith.
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8.
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The term of existence of the Municipal Authority
of the Borough of Derry, Westmoreland County, Pennsylvania, shall
be through May 31, 2038.
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IN WITNESS WHEREOF, The undersigned have executed
these Articles on behalf of the Borough of Derry and have caused to
be affixed the seal thereof this 8th day of March, 1943.
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THE BOROUGH OF DERRY
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ATTEST:
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Clyde G. Walter, Chief Burgess
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Charles E. Kuntz, Secretary
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W.F. Robbins, President of Council
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[1]
Editor's Note: Refer also to Ord. No. 732, adopted 12-23-2009,
and Municipal Authority Res. No. 188, adopted 8-15-2018, for amendments
to the Articles of Incorporation.
The project which shall be first 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 the Borough of Derry
and the territory adjacent thereto.
This chapter shall not be construed to restrict
the Borough of Derry to specify other lawful projects to be undertaken
by said Authority.
[Added 12-12-1955 by Ord. No. 264]
The second project to be undertaken by the Municipal
Authority of the Borough of Derry, County of Westmoreland, Pennsylvania,
shall be to acquire, hold, construct, improve, maintain, operate,
own, lease, either as lessor or lessee, the sewers, sewer system and
sewage treatment works for the Borough of Derry, and the territory
adjacent thereto.
