[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.Â
That the name of the Authority shall be "Manheim Township Municipal
Authority."
B.Â
That the Authority is formed under the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq., as amended.
C.Â
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)Â
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)Â
The Manheim Township School Authority, incorporated in December 1955
by the school district of Manheim Township.
D.Â
That the name of the incorporating municipality is the Township of
Manheim, Lancaster County, Pennsylvania.
E.Â
That there shall be five members of the Board of the Authority.
F.Â
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]
[Added 5-23-1983 by Res. No. 1983-21[1]]
A.Â
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.Â
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.
