Township of Manheim, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-26-1957 by Res. No. 1957-9[1] (Part 2, Ch. 4, Art. E.1, of the 1976 Code of Ordinances)]
[1]
Editor's Note: Section 3 of Res. No. 1957-9 appointed the first members of the Board; Section 5 directed that certain actions be taken to effect incorporation.
The Board of Commissioners (constituting the municipal authorities of the Township) hereby signifies its intention to organize an authority under the provisions of the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
The President and Secretary of the Board of Commissioners of the Township are hereby authorized and directed to execute, on behalf of the Township, Articles of Incorporation for the Authority, setting forth, among other things:
A. 
That the name of the Authority shall be "Manheim Township Municipal Authority."
B. 
That the Authority is formed under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
C. 
That no other authority has been organized under the Act or under the Act of June 28, 1935, P.L. 463, and is in existence in and for the Township or the school district of the Township, except:
(1) 
The Lancaster Area Incinerator Authority, incorporated in December 1954 by the Township jointly with the City of Lancaster and the Townships of Manor, East Lampeter, West Lampeter, Lancaster and East Hempfield (all in Lancaster County, Pennsylvania).
(2) 
The Manheim Township School Authority, incorporated in December 1955 by the school district of Manheim Township.
D. 
That the name of the incorporating municipality is the Township of Manheim, Lancaster County, Pennsylvania.
E. 
That there shall be five members of the Board of the Authority.
F. 
Stating the names and addresses of members and officers of the Board of Commissioners of the Township of Manheim and the names, addresses and terms of office of the first members of the Board of the Authority.
The Authority shall have the power to acquire, hold, construct, improve, maintain, operate, own and lease, either as lessor or lessee, sewers, sewer systems, sewage treatment works, property and equipment for the Township and for such other territory as it may be authorized to serve, and such other project or projects permitted and authorized by the laws of the Commonwealth of Pennsylvania as the Township may, from time to time, by resolution or ordinance, specify and authorize.
[Adopted 5-23-1983 by Ord. No. 1983-5[1] (Part 2, Ch. 4, Art. E.2, of the 1976 Code of Ordinances)]
[1]
Editor's Note: Section 5 of Ord. No. 1983-5 authorized and directed specified officers of the Township to execute and file the Articles of Incorporation of the Authority.
The Board of Commissioners of the Township of Manheim signifies and expresses its intention to organize the General Municipal Authority of the Township of Manheim (the "Authority") under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended (the "Act"), for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning or leasing, either in the capacity of lessor or lessee, projects of all kinds and character which an authority is authorized to undertake under the Act.
It is recognized that such Authority shall be empowered and authorized, under the Act, to acquire, hold, construct, improve, maintain and operate, own or lease buildings and facilities for private, nonprofit, nonsectarian colleges and universities, state-related universities and community colleges. The Township deems that it is desirable for the health, safety and welfare of the public of the area to be served by such educational facilities to have such facilities provided by an Authority.
It is further recognized that such Authority shall be empowered and authorized, under the Act, to undertake projects involving the making of business improvements or providing administrative services. The Township, therefore, retains the right which exists under the Act to approve any plan of the Authority with respect to any project undertaken by the Authority for the purpose of making business improvements or providing administrative services.[1]
[1]
Editor's Note: Original Sec. 2-4064, Articles of Incorporation, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The current Articles of Incorporation are on file in the Township offices.
[Added 5-23-1983 by Res. No. 1983-21[1]]
A. 
The buildings and facilities for the college are approved, it being understood that the college shall be making application to the Authority for the Authority's determination as to whether the college is an eligible educational institution, as that term is defined in the Act, and it being further understood that this approval shall not obligate the taxing power of the Township in any way.
B. 
It is declared that it is desirable for the health, safety and welfare of the people in the area served by the college to have the buildings and facilities provided by the Authority.
[1]
Editor's Note: The preamble to this resolution reads as follows:
WHEREAS, the Board of Commissioners (the "Board") of the Township of Manheim, Lancaster County, Pennsylvania (the "Township"), has enacted Manheim Township Ordinance 1983-5, by which the Township has organized the General Municipal Authority of the Township of Manheim (the "Authority") pursuant to the Pennsylvania Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended (the "Act"); Articles of Incorporation of the Authority have been approved; and appropriate officers of the Township have been authorized and directed to execute and file such Articles of Incorporation with the Secretary of the Commonwealth of Pennsylvania and to take all other action necessary to incorporate the Authority in compliance with the Act; and
WHEREAS, the Act vests in the Authority, inter alia, the power of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, buildings and facilities for private, nonprofit, nonsectarian colleges and universities, state-related universities and community colleges, which are determined by the Authority to be eligible educational institutions, as that term is defined in the Act, provided that such buildings and facilities for such institutions are approved by resolution adopted by the governing body of the municipality organizing the Authority; and
WHEREAS, upon application of Lancaster Bible College (the "college") and approval by the Board, the Authority will make a determination as to whether the college is such an eligible educational institution and, assuming that it finds the college to be an eligible educational institution, will consider undertaking as a project (the "project") the refinancing of the existing mortgage and line of credit indebtedness of the college with the Farmers First Bank, Lititz, Pennsylvania, which shall involve the acquisition and leasing by the Authority of all those certain two tracts of land owned by the college and located in Manheim Township, Lancaster County, Pennsylvania, as more fully described in Exhibit "A" attached to and made a part of this resolution, together with all buildings, improvements, equipment and fixtures now or hereafter erected, constructed or situated thereon and all rights, powers and appurtenances thereto (the "buildings and facilities"), all as more fully described in a preliminary official statement (the "preliminary official statement") which has been submitted to and reviewed by the Board, a copy of which is attached to and made a part of this resolution as Exhibit "B"; and
WHEREAS, the college shall request the Authority to issue its College Revenue Bonds, Series of 1983, in the aggregate principal amount of $2,500,000 (the "bonds"), to finance the project; and
WHEREAS, the Act provides that none of the powers granted to an Authority by the Act shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing enterprises serving substantially the same purposes; and
WHEREAS, the Act provides that such limitations upon the grant of powers to an Authority shall not apply to school building projects and facilities to be leased to private, nonprofit, nonsectarian colleges and universities, state-related universities and community colleges if the municipality organizing an Authority for such a project shall declare by resolution or ordinance that it is desirable for the health, safety and welfare of the people in the area served by such facilities to have such facilities provided by an Authority.