[Ord. 10/-/1970, § 1]
It is the joint desire and intention of the municipal authorities
of Renovo Borough, South Renovo Borough and Chapman Township, municipalities
of the Commonwealth of Pennsylvania, and all situate within Clinton
County, to organize an authority under the "Municipality Authorities
Act of 1945," designated as Act No. 164, approved May 2, 1945, together
with all supplements thereof and amendments thereto, for the purpose
of exercising and enjoying all the powers of the Act, its supplements
and amendments. The Articles of Incorporation would be executed by
the proper officers of the municipalities, under their corporate seals,
and authorized and directed such officers to do all things necessary
to effect and establish the Authority.
[Ord. 10/-/1970, § 2]
The name of the proposed authority is "Western Clinton County
Sewage Authority." The Western Clinton County Sewage Authority was
incorporated October 21, 1970, and the name was changed to Western
Clinton County Municipal Authority on March 20, 1974.
[Ord. 10/-/1970, § 3]
The proposed Articles of Incorporation of the Authority are
as follows:
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Municipal Authority
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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 Municipal Authorities Act of 1945, its
supplements and amendments, Renovo Borough, South Renovo Borough and
Chapman Township, all situated in Clinton County, Pennsylvania, and
all being municipalities of the Commonwealth of Pennsylvania, pursuant
to identical ordinances duly adopted by the representative municipal
authorities of all of said municipalities, signifying their joint
desire and intention to form an Authority, hereby certify:
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1.
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The name of the Authority shall be Western Clinton County Sewage Authority. (See § 1-402 above.)
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2.
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This Authority is formed under the Municipal Authorities Act
of 1945, its supplements and amendments.
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3.
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No other joint authority organized under the Municipal Authorities
Act of 1945, its supplements or amendments, the Act approved June
28, 1935, P. L. 463, as amended, is in existence in or for the incorporating
municipalities named herein.
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4.
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The initial purpose of the Authority is to construct sewage
treatment facilities for Renovo Borough, South Renovo Borough, Chapman
Township, and such other territory as the Authority may be authorized
to serve, and to acquire, hold, construct, improve, maintain, own,
lease (either in the capacity of lessor or lessee) sewers, sewer systems,
collection systems or sewage treatment works, including plants for
the treating and disposing of industrial waste, for Renovo Borough,
South Renovo Borough, Chapman Township, and such other territory as
the Authority may be authorized to serve.
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5.
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The respective names of the incorporating municipalities are:
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A.
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Renovo Borough.
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B.
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South Renovo Borough.
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C.
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Chapman Township.
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6.
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The names and addresses of the Supervisors of Chapman Township,
such persons being the municipal authorities of the municipality,
are as follows: (Here followed the names and addresses of the officers
of the Township at the time of enactment of this Part.)
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The names and addresses of the Mayor and members of Council
of Renovo, such persons being the municipal authorities, are as follows:
(Here followed the names and addresses of the officers of the Borough
at the time of enactment of this Part.)
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The names and addresses of the Mayor and members of Council
of South Renovo, such persons being the municipal authorities, are
as follows: (Here followed the names and addresses of the officers
of South Renovo Borough at the time of enactment of this Part.)
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7.
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The membership of the Board of the Authority to be formed hereby
shall be comprised of one member from South Renovo Borough, two members
from Renovo Borough and two members from Chapman Township.
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8.
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The names and addresses and terms of office of the first Board
of the Authority to be formed hereby are as follows: (Here followed
the names, addresses and terms of office of the first member os the
Authority Board; the document was concluded by the necessary signatures,
attestation, and notarization.)
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[Ord. 10/-/1970, § 4]
The following persons, respectively hereinafter designated as
appointees of either the Boroughs or Township forming said Authority,
are hereby appointed members of the Board of the Authority, with the
following terms of office.
[Ord. 776, 3/14/2012]
This Borough hereby transfers, conveys, and assigns to RBWA
all right, title and interest of this Borough in and to the Borough
water system, including real and personal property rights constituting
the Borough water system. The Borough also assigns to RBWA all permits,
licenses, executor contracts, and similar instruments relating to
the Borough water system and delegates all duties and responsibilities
arising under such documents to RBWA. This Subpart shall constitute,
together with a duly adopted resolution of RBWA accepting such transfer
as described herein, sufficient conveyance instruments to transfer
assets, real and personal, tangible and intangible, and assign all
contract rights and duties relating to the Borough water system to
RBWA, and release this Borough from further liability thereunder;
provided, however, such conveyance and assignment hereunder may be
further evidenced by such deeds, bills of sale, titles or other appropriate
instruments or agreements as may be required by law or are reasonably
requested by RBWA or the Borough.
[Ord. 776, 3/14/2012]
RBWA shall assume all duties and responsibilities arising out of the conveyance by the Borough described in § 1-411 above.
[Ord. 776, 3/14/2012]
RBWA hereby releases and agrees to defend and indemnify the
Borough from and against any claims or costs arising from matters
and documents disclosed by the Borough to RBWA arising from the conveyance
of the Borough water system, except for matters specifically undertaken
by the Borough.
[Ord. 776, 3/14/2012]
If RBWA's existence is terminated for any reason, or ceases
to function as herein contemplated, all right, title and interest
in and to the Borough water system, shall revert to this Borough in
accordance with the Pennsylvania Municipal Authorities Act, 53 Pa.C.S.
Ch. 56.
[Ord. 776, 3/14/2012]
Proper officers of this Borough are authorized and directed
to execute, to attest and to deliver on behalf of this Borough a deed
to RBWA in the form of the attached deed as well as any such other
deeds which may be required to transfer the necessary real property
to RBWA. The proper officers of this Borough are authorized and directed
to do all other acts that may be necessary and proper to carry out
this Subpart.
