[HISTORY: Adopted by the Borough Council of the Borough of
Fox Chapel as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-12-1938 by Ord. No. 39 (Ch. 1, Part 3A, of the 1978 Code of
Ordinances)]
It is the desire and intention of the Borough of Fox Chapel
to join with the Townships of O'Hara, Indiana and Harmar, all
of Allegheny County, Pennsylvania, in organizing an authority under
the Municipal Authorities Act of 1935 (1935, June 28, P.L. 463, as
amended 1937, May 20, P.L. 739, No. 200).[1]
[1]
Editor's Note: See now the Municipality Authorities Act, 53
Pa.C.S.A. § 5601 et seq.
[Amended 3-4-1957 by Ord.
No. 162; 7-17-1995 by Res. No. 442]
In pursuance of said desire and intention and in conformity
with the terms and provisions of said Municipal Authorities Act, the
proposed Articles of Incorporation shall be as follows:
|
Articles of Incorporation
| |||||
|
To the Secretary of the Commonwealth
Harrisburg, Pennsylvania
| |||||
|
In compliance with the requirements of the "Municipal Authorities
Act of 1935," approved June 28, 1935, P.L. 463, as amended May 20,
1937, P.L. 739, No. 200, the undersigned municipal authorities of
the Borough of Fox Chapel, Township of O'Hara, Township of Indiana
and Township of Harmar, all of Allegheny County, Pennsylvania, desiring
that a body corporate and politic be incorporated under said Act,
as amended, do hereby certify:
| |||||
|
(a)
|
The name of the Authority is "Fox Chapel Authority."
| ||||
|
(b)
|
Said Authority is formed under the Municipal Authorities Act
of 1935 (1935 June 28, P.L. 463), as amended 1937 May 20, P.L. 739,
No. 200.
| ||||
|
(c)
|
No other authority organized under said Municipal Authorities
Act of 1935 or under the Act approved December 22, 1933 (Special Session
1933, P.L. 114) is in existence in or for the incorporating municipalities.
| ||||
|
(d)
|
The names of the incorporating municipalities, together with
the names and addresses of their respective municipal authorities,
are as follows:
| ||||
|
1.
|
The names of the incorporating municipalities are:
| ||||
|
Borough of Fox Chapel
| |||||
|
Township of O'Hara
| |||||
|
Township of Indiana
| |||||
|
Township of Harmar
| |||||
|
2.
|
The names and addresses of their respective municipal authorities
are as follows: . . .[1]
| ||||
|
(e)
|
The names, addresses and terms of office of the first members
of the Board of said Authority are as follows: . . .[2]
| ||||
|
(f)
|
The members of the Board of the Authority shall be seven in
number, and they shall be apportioned as follows:
| ||||
|
1.
|
During the period from the date of filing of these Articles
of Amendment until the day preceding the first Monday of January,
2008, there shall be three directors appointed by the Borough of Fox
Chapel, two directors appointed by the Township of O'Hara, one
director appointed by the Township of Harmar and one appointed by
the Township of Indiana. Such appointments shall be made for five-year
terms beginning on the first Monday of January of the following years:
| ||||
|
1992, 1997, 2002, 2007
|
Township of Harmar
| ||||
|
1992, 1997, 2002
|
Borough of Fox Chapel
| ||||
|
1993, 1998, 2003
|
Borough of Fox Chapel
| ||||
|
1993, 1998, 2003
|
Township of Indiana
| ||||
|
1994, 1999, 2004
|
Borough of Fox Chapel
| ||||
|
1994, 1999, 2004
|
Township of O'Hara
| ||||
|
1995, 2000, 2005
|
Township of O'Hara
| ||||
|
2.
|
(i)
|
The Borough of Fox Chapel shall appoint one director for a term
beginning on the first Monday of January, 2007, which shall be an
appointment for only four years ending on the day preceding the first
Monday of January, 2011.
| |||
|
(ii)
|
From the first Monday of January, 2008, until the day preceding
the first Monday of January, 2018, in addition to the unexpired terms
of the directors serving prior to such date and the four-year appointment
by the Borough of Fox Chapel beginning the first Monday of January,
2007, there shall be one director appointed by each municipality for
five-year terms beginning on the first Monday of January of the following
years:
| ||||
|
2010 and 2015
|
Township of O'Hara
| ||||
|
2011 and 2016
|
Borough of Fox Chapel
| ||||
|
2012 and 2017
|
Township of Harmar
| ||||
|
2008 and 2013
|
Township of Indiana
| ||||
|
(iii)
|
In addition there shall be three directors appointed by the
municipalities participating in the Authority on the basis of the
total Authority billings for water usage within the various municipalities
during the calendar year 2006, as follows:
| ||||
|
(A)
|
The municipality having the largest aggregate billings for the
calendar year 2006 shall appoint one director for five-year terms
beginning the first Monday of January, 2008 and 2013.
| ||||
|
(B)
|
The municipality having the second largest aggregate billings
for the calendar year 2006 shall appoint one director for five-year
terms beginning the first Monday of January, 2009 and 2014.
| ||||
|
(C)
|
One other director shall be appointed for five-year terms beginning
on the first Monday of January, 2009 and 2014 by the municipality
having the third largest aggregate Authority billings for water usage
for the calendar year 2006, provided the billings within that municipality
are no less than two-thirds the billings within the municipality with
the largest billings for said year; and, if they are less than such
two-thirds, the other director shall be appointed for such term by
plurality vote of all the municipalities participating in the Authority
on the basis of one vote for each dollar of billings within the municipality
during the calendar year 2006.
| ||||
|
3.
|
(i)
|
From the first Monday of January, 2018, until the day preceding
the first Monday in January, 2028, in addition to the unexpired terms
of the directors serving prior to the first Monday of January, 2018,
there shall be one director appointed by each municipality for five-year
terms or such shorter term as may end on the expiration of the life
of the Authority, beginning on the first Monday of January of the
following years:
| |||
|
2020 and 2025
|
Township of O'Hara
| ||||
|
2021 and 2026
|
Borough of Fox Chapel
| ||||
|
2022 and 2027
|
Township of Harmar
| ||||
|
2018 and 2023
|
Township of Indiana
| ||||
|
(ii)
|
In addition there shall be three directors appointed by the
municipalities participating in the Authority on the basis of the
total Authority billings for water usage within the various municipalities
during the calendar year 2016, as follows:
| ||||
|
(A)
|
The municipality having the largest aggregate billings for the
calendar year 2016 shall appoint one director for five-year terms
beginning on the first Monday of January, 2018 and 2023.
| ||||
|
(B)
|
The municipality having the second largest aggregate billings
for the calendar year 2016 shall appoint one director for five-year
terms beginning on the first Monday of January, 2019 and 2014.
| ||||
|
(C)
|
One other director shall be appointed for five-year terms beginning
on the first Monday of January, 2019 and 2024, by the municipality
having the third largest aggregate billings for the calendar year
2016, provided the billings within that municipality are no less than
two-thirds the billings within the municipality with the largest billings
for said year; and, if they are less than such two-thirds, the other
director shall be appointed for such term by plurality vote of all
the municipalities participating in the Authority on the basis of
one vote for each dollar of billings within the municipality during
the calendar year 2016.
| ||||
|
4.
|
(i)
|
From the first Monday of January, 2028, to December 31, 2030,
in addition to the unexpired terms of the directors serving prior
to January 1, 2028, there shall be one director appointed by the Township
of Indiana for a term to begin on the first Monday of January, 2028,
and ending on the earlier of the day preceding the first Monday of
January, 2033, or the expiration of the life of the Authority and
one director appointed by O'Hara Township for a term beginning
on the first Monday of January, 2030, and ending on the earlier of
the day preceding the first Monday of January, 2035, or the expiration
of the life of the Authority.
| |||
|
(ii)
|
In addition, there shall be three directors appointed by the
municipalities participating in the Authority on the basis of the
total billings for water usage within the various municipalities during
the calendar year 2026, as follows:
| ||||
|
(A)
|
The municipality having the largest aggregate billings for the
calendar year 2026 shall appoint one director for the term beginning
on the first Monday of January, 2028, and ending on the earlier of
the day preceding the first Monday of January, 2033, or the expiration
of the life of the Authority.
| ||||
|
(B)
|
The municipality having the second largest aggregate billings
for the calendar year 2026 shall appoint one such director for the
term beginning on the first Monday of January, 2029, and ending on
the earlier of the day preceding the first Monday of January, 2034,
or the expiration of the life of the Authority.
| ||||
|
(C)
|
One other director shall be appointed for the term beginning
on the first Monday of January, 2029, and ending on the earlier of
the day preceding the first Monday of January, 2034, or the expiration
of the life of the Authority, by the municipality having the third
largest aggregate billings for the year 2026, provided the billings
within that municipality are no less than two-thirds the billings
within the municipality with the largest billings for said year; and,
if they are less than such two-thirds, the other director shall be
appointed for such term by plurality vote of all the municipalities
participating in the Authority on the basis of one vote for each dollar
of billings within the municipality during the year 2026.
| ||||
|
5.
|
In determining which municipalities have the right to appoint
directors based upon total Authority billings for water usage within
the various municipalities during the calendar years 2006, 2016 and
2026, as required by Subsections 2(iii), 3(ii) and 4(ii) hereinabove,
the following procedures shall be followed:
| ||||
|
(i)
|
The Authority shall make available to the various municipalities
the billing information concerning the years 2006, 2016 and 2026 no
later than April 1 of the immediately following year;
| ||||
|
(ii)
|
Following receipt of the applicable billing information, the
municipality having the largest aggregate billings for the calendar
year in question shall appoint one director for the term beginning
on the first Monday of 2008, 2018 or 2028, as the case may be;
| ||||
|
(iii)
|
Following receipt of the applicable billing information, the
municipality having the second largest aggregate billings for the
calendar year in question shall appoint one director for the term
beginning on the first Monday of 2009, 2019 or 2029, as the case may
be;
| ||||
|
(iv)
|
Following receipt of the applicable billing information, the
municipality having the third largest aggregate billings for the calendar
year in question, if such billings are at least two-thirds of the
billings of the municipality with the largest aggregate billings,
shall appoint one director for the term beginning on the first Monday
of 2009, 2019 or 2029, as the case may be;
| ||||
|
(v)
|
In the event that the municipality having the third largest
aggregate billings, as described in Subsection (iv) above, does not
have at least two-thirds of the billings of the municipality with
the largest aggregate billings for the calendar year in question,
then the municipalities having the third and fourth largest billings
shall deliver to the Authority a written notice designating either
the municipality with the largest billings or the municipality with
the second largest billings as its proxy for purposes of casting the
vote contemplated by Subsections 2(iii), 3(ii) and 4(ii) hereinabove;
such written notices shall be delivered to the Authority on or before
April 1 of the years 2008, 2018 and 2028, as the case may be; in the
event that any such written notice is not received by the Authority
on or before such date, the votes of any municipality failing to timely
deliver the written notice shall not be considered for purposes of
the vote contemplated by Subsections 2(iii), 3(ii) and 4(ii).
| ||||
|
(vi)
|
In the event of any vote contemplated by Subsections 2(iii),
3(ii) and 4(ii) hereinabove, the Authority shall notify the various
municipalities of the results of the written notices received by the
Authority on or before May 1 of the years 2008, 2018 and 2028, as
the case may be; on or before July 1 of the years 2008, 2018 and 2028,
the municipalities with the largest and second largest billings shall
deliver to the Authority a written notice indicating which municipality
should be entitled to appoint a director for the term in question;
each such written notice shall reflect the vote of the municipality
together with any proxy received by such municipality; in the event
that any such written notice is not received by the Authority on or
before such date, the votes (including any proxy) of any municipality
failing to timely deliver such written notice shall not be considered
for purposes of the vote.
| ||||
|
6.
|
Any vacancy in the Board which occurs prior to the expiration
of a term shall be filled by the municipality which made the appointment
at the beginning of such term.
| ||||
|
(g)
|
The term of existence of the Authority is increased to a date
50 years from the date of approval of these Articles of Amendment.[3]
| ||||
[1]
Editor's Note: Here followed the names and addresses
of the principal officers of the incorporating municipalities in office
at the time of enactment of the ordinance.
[2]
Editor's Note: Here followed the names, addresses and
terms of office of the first members of the Governing Board of the
Authority.
[3]
Editor's Note: Section 1 of Ordinance 162 added paragraph
"g" to the Articles of Incorporation.
[Adopted 11-28-1960 by Ord. No. 230 (Ch. 1, Part 3B, of the 1978 Code
of Ordinances)]
It is the desire and intention of the Borough of Fox Chapel
to organize an authority under the Municipality Authorities Act of
1945 (1945, May 2, P.L. 382), as amended, to construct a sanitary
sewer system in said Borough.[1]
[1]
Editor's Note: See now Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
In pursuance of said desire and intention and in conformity
with the terms and provisions of said Municipality Authorities Act,
the proposed Articles of Incorporation shall be as follows:
|
Articles of Incorporation
| ||
|
To the Secretary of the Commonwealth
Harrisburg, Pennsylvania
| ||
|
In compliance with the requirements of the Municipality Authorities
Act of 1945, approved May 2, 1945, P.L. 382, as amended, the municipal
authorities of the Borough of Fox Chapel, Allegheny County, Pennsylvania,
desiring that a body corporate and politic be incorporated under said
Act, as amended, do hereby certify:
| ||
|
(a)
|
The name of the Authority is "The Fox Chapel Sanitary Authority."
| |
|
(b)
|
Said Authority is formed under the Municipality Authorities
Act of 1945 (1945, May 2, P.L. 382) as amended.
| |
|
(c)
|
A joint authority, named Fox Chapel Authority, engaged in the
operation of a waterworks and water system has heretofore been organized
under the Municipality Authorities Act of 1935 (1935, June 28, P.L.
463) by the Borough of Fox Chapel, the Township of O'Hara, the
Township of Indiana, and the Township of Harmar, Allegheny County,
Pennsylvania.
| |
|
(d)
|
The name of the incorporating municipality together with the
names and addresses of its municipal authorities are as follows:
| |
|
1.
|
The name of the incorporating municipality is the Borough of
Fox Chapel, Allegheny County, Pennsylvania.
| |
|
2.
|
The names and addresses of the municipal authorities of said
Borough are as follows: . . .[1]
| |
|
(e)
|
The names, addresses and terms of office of the first members
of the Board of said Authority are as follows: . . .[2]
| |
