[Ord. 86-11, 10/9/1986, § 1]
The Board of Commissioners of this Township signifies the intention
and desire to organize a joint Authority under provisions of the Act
of Assembly approved May 2, 1945, P.L. 382, as amended and supplemented,
known as the "Municipality Authorities Act of 1945" (the "Authorities
Act").
[Ord. 86-11, 10/9/1986, § 2]
The President or Vice President of the Board of Commissioners
and the Secretary of this Township are authorized and directed to
execute, in behalf of this Township, Articles of Incorporation for
such Authority in substantially the following form:
Articles of Incorporation
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To The Secretary of The Commonwealth of Pennsylvania:
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In compliance with requirements of the Act of Assembly approved
May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality
Authorities Act of 1945", and pursuant to an Ordinance duly enacted
by the municipal authorities of the City of Harrisburg, Dauphin County,
Pennsylvania, the Township of Hampden, Cumberland County, Pennsylvania,
and the Township of Susquehanna, Dauphin County, Pennsylvania, expressing
the intention and desire of the municipal authorities of said municipalities
to organize a joint Authority under provisions of said Act, said municipalities
certify:
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A. The name of the Authority is "CAPITAL AREA REGIONAL SOLID WASTE AUTHORITY".
B. The Authority is formed under provisions of the Act of Assembly approved
May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality
Authorities Act of 1945", for the following purposes:
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To acquire, hold, construct, improve, maintain, operate, own
and lease, either in the capacity of lessor or lessee, projects of
the following kind and character: (1) facilities and equipment for
the collection, removal or disposal of ashes, garbage, rubbish and
other refuse materials by incineration, land fill or other methods;
(2) steam heating plants and distribution systems; (3) incinerator
plants; (4) facilities to produce steam which is used by the Authority
or is sold on a contract basis for industrial or similar use or on
a sale-for-resale basis to one or more entities authorized to sell
steam to the public, provided that such facilities have been approved
by resolution or ordinance adopted by the governing body of the municipality
or municipalities organizing such Authority and that the approval
does not obligate the taxing power of the municipality in any way;
and (5) facilities for generating surplus electric power which are
related to incinerator plants pursuant, where applicable, to section
3 of the Federal Power Act (16 U.S.C. § 796, relating to
definitions) and section 210 of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. § 824a-3, relating to "Cogeneration
and Small Power Production"), provided that:
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(1) Electric power generated from the facilities shall be sold or distributed
only on a sale-for-resale basis to one or more entities authorized
to sell electric power to the public;
(2) The facilities shall have been approved by resolution or ordinance
adopted by the governing body of the municipality or municipalities
organizing such Authority and the approval does not obligate the taxing
power of the municipality in any way; and
(3) The incinerator plants will be located within or contiguous with
a county in which at least one of the municipalities organizing such
Authority is located, except that this paragraph shall not apply to
incinerator plants located in any county which have been or will be
constructed by or acquired by such Authority to perform functions,
the primary purposes of which are other than that of generation of
electric power, for which such Authority has been organized.
C. No other Authority has been organized under provisions of 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. 436, as amended
and supplemented, and is in existence in or for the incorporating
municipality, except that:
(1) The municipal authorities of the City of Harrisburg, Dauphin County,
Pennsylvania, heretofore organized the following Authorities which
are in existence in and for the City of Harrisburg:
(a)
"Harrisburg Sewerage Authority,"
(b)
"Broad Street Market Authority," and
(c)
"City of Harrisburg Leasing Authority."
(2) The municipal authorities of the Township of Hampden, Cumberland
County, Pennsylvania, heretofore organized the following Authority
which is in existence in and for the Township of Hampden:
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"Hampden Township Sewer Authority."
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(3) The municipal authorities of the Township of Susquehanna, Dauphin
County, Pennsylvania, heretofore organized the following Authority
which is in existence in and for the Township of Susquehanna:
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"Susquehanna Township Authority."
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D. The term of existence of the Authority shall be for 50 years.
E. The names of the incorporating municipalities are:
(1) City of Harrisburg, Dauphin County, Pennsylvania,
(2) Township of Hampden, Cumberland County, Pennsylvania, and
(3) Township of Susquehanna, Dauphin County, Pennsylvania.
F. The names of the municipal authorities of said incorporating municipalities
are:
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(Here followed the names and addresses of municipal officials
of the incorporating municipalities)
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G. The members of the Board of the Authority shall be seven in number
and shall be apportioned as follows:
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City of Harrisburg,
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Dauphin County, Pennsylvania
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3
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Township of Hampden, Cumberland County, Pennsylvania
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2
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Township of Susquehanna, Dauphin County, Pennsylvania
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2
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H. 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 the member is appointed are as follows:
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(Here followed the terms of office of the first members)
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[Ord. 86-11, 10/9/1986, § 3]
The appropriate officers of the Board of Commissioners are authorized
and directed to cause notice of the substance of this Part 3B, 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 Authorities Act.
[Ord. 86-11, 10/9/1986, § 4]
The appropriate officers of the Board of Commissioners are authorized
and directed to file such Articles of Incorporation and the necessary
proofs of publication with the Secretary of the Commonwealth of Pennsylvania
and to do all other things necessary to effect the incorporation of
such Authority, including payment of required filing fees.