Township of West Donegal, PA Article III Elizabethtown Area Water Authority

[Adopted 7-13-2004 by Ord. No. 155-2004]

§ 7-12 Intent.

The Board of Supervisors of this Township signifies the intention and desire to join with the Borough of Elizabethtown (the "Borough") to organize an Authority under the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented (the "Act"), for the purposes of exercising any and all powers conferred by the Act.

§ 7-13 Article of Incorporation.

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 Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., and pursuant to ordinances duly enacted by the municipal authorities of the Borough of Elizabethtown and the Township of West Donegal, located in Lancaster County, Pennsylvania, expressing the intention and desire of the municipal authorities of said municipalities to organize an Authority, jointly, under provisions of said Municipality Authorities Act, said municipalities certify:
1.	The name of the Authority is "Elizabethtown Area Water Authority."
2.	The Authority is formed under said Municipality Authorities Act, as amended and supplemented.
3.	No other Authority has been organized under provisions of the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., or under the Act of Assembly, approved May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality Authorities Act of 1945" or under provisions of the Act of Assembly, approved June 28, 1935, P.L. 463, as amended and supplemented, or under the Economic Development Financing Law, Act of August 23, 1967, P.L. 251, as amended by the Act of December 17, 1993, P.L. 490, 73 P.S. § 371 et seq., and is in existence in or for the incorporating municipalities, except that:
	a.	The Township of West Donegal heretofore organized "West Donegal Township Authority" under the provisions of said Municipality Authorities Act of 1945, as amended and supplemented; and
	b.	The Borough of Elizabethtown, the Township of Mount Joy, and the Township of West Donegal heretofore organized "Elizabethtown Area Regional Authority" under the provisions of said Municipality Authorities Act of 1945, as amended and supplement; and
	c.	The Borough of Elizabethtown, the Township of Mount Joy, and the Township of West Donegal, together with the Township of Conoy, Lancaster County, heretofore organized the Elizabethtown Area Community Services Authority.
	d.	The Borough of Elizabethtown heretofore organized the Elizabethtown Industrial Development Authority.
4.	The names of the incorporating municipalities are:
	a.	The Borough of Elizabethtown Lancaster County, Pennsylvania
	b.	The Township of West Donegal Lancaster County, Pennsylvania
5.	The names and addresses of the municipal authorities of said incorporating municipalities are:

The Borough of Elizabethtown Lancaster County, Pennsylvania
Office	Name	Address
Mayor	C. Bud Greiner	40 East Washington Street Elizabethtown, PA 17022
President of Council and Councilman	Douglas Pfautz	219 East Park Street Elizabethtown, PA 17022
Vice President of Council and Councilman	Ken Reighard	657 Groff Avenue Elizabethtown, PA 17022
Councilman	Meade G. Bierly	431 Sunrise Boulevard Elizabethtown, PA 17022
Councilman	Dr. C. Dale Treese	620 North Hanover Street Elizabethtown, PA 17022
Councilman	John N. Buch	309 Arch Street Elizabethtown, PA 17022
Councilman	Ralph Neidig	91 Sunrise Boulevard Elizabethtown, PA 17022

The Township of West Donegal Lancaster County, Pennsylvania
Office	Name	Address
Chairman of Board of Supervisors and Supervisor	Roger Snyder	98 West Ridge Road Elizabethtown, PA 17022
Vice Chairman of Board of Supervisors and Supervisor	Nancy Garber	2222 Bossler Road Elizabethtown, PA 17022
Supervisor	Charlie Tupper	3515 Bossler Road Elizabethtown, PA 17022
Supervisor	Steve Speers	31 Silver Drive Elizabethtown, PA 17022
Supervisor	Clair Hilsher	124 School Lane Elizabethtown, PA 17022

6.	The members of the Board of the Authority shall be five in number and shall be apportioned as follows:
	Borough of Elizabethtown Lancaster County, Pennsylvania	3
	Township of West Donegal Lancaster County, Pennsylvania	2
7.	The names, addresses and terms of office of the first members of the Board of the Authority, each of whom is a citizen of the incorporating municipality by which he is appointed, are as follows:

Name	Address	Appointee of	Term of Office
Douglas W. Pfautz	219 East Park Street	Elizabethtown Borough	5 years
Peter J. Whipple	523 East College Avenue	Elizabethtown Borough	3 years
John N. Buch	309 Arch Street	Elizabethtown Borough	1 years
Keith Murphy	2048 Zeager Road	West Donegal Township	4 years
Roger Snyder	98 West Ridge Road	West Donegal Township	2 years

IN WITNESS WHEREOF, the Borough of Elizabethtown, Lancaster County, Pennsylvania, has caused these Articles of Incorporation to be executed by its President of Borough Council and to be attested by its Borough Secretary and its seal to be affixed hereunto, and the Township of West Donegal, Lancaster County, Pennsylvania, has caused these Articles of Incorporation to be executed by the Chairman or Vice Chairman of its Board of Supervisors and to be attested by its Secretary and the seal of such Township to be affixed hereunto, all as of the _____ day of __________, 2004.
		BOROUGH OF ELIZABETHTOWN Lancaster County, Pennsylvania
Attest:	(Assistant) Secretary	By:	(Vice) President Borough Council
[BOROUGH SEAL]
		TOWNSHIP OF WEST DONEGAL Lancaster County, Pennsylvania
Attest:	(Assistant) Secretary	By:	(Vice) Chairman Board of Supervisors
[TOWNSHIP SEAL]

§ 7-14 Notice.

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.

§ 7-15 Filing.

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 Joint Authority, including payment of any filing fees required in connection therewith.

§ 7-16 Membership of Board of Authority.

The Board of the Authority shall consist of five members, two of whom are appointed by Township of West Donegal, and three of whom are appointed by the Borough of Elizabethtown.

§ 7-17 Purpose.

The enactment of this article is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare of and will increase the prosperity of the citizens of this Township.