[HISTORY: Adopted by the Board of Supervisors of Carroll
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-17-1989 by Ord. No. 80-1989]
The Board of Supervisors of this Township hereby signifies its
intention and desire to organize an Authority under the Pennsylvania
Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities
Act of 1945," as amended and supplemented (the "Act").[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
The Chairman or Vice Chairman of the Board of the Township and
the Secretary of this Township hereby are authorized, empowered and
directed to execute, in behalf of this Township, Articles of Incorporation
for such Authority in substantially the following form:
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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 requirements of the Act of May 2, 1945, P.L.
382, known as the "Municipality Authorities Act of 1945," as amended
and supplemented, and pursuant to the ordinances duly enacted by the
municipal authority of the Township of Carroll, situated in York County,
Pennsylvania, expressing the intention and desire of the municipal
authorities of said municipality to organize a municipal authority
under said Act, said incorporating municipality does hereby certify:
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1.
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The name of the Authority is the LOGAN PARK AUTHORITY.
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2.
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The Authority is formed under provisions of the Act of May 2,
1945, P.L. 382, known as the "Municipality Authorities Act of 1945,"
as amended and supplemented.
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3.
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No other authority organized under said Municipality Authorities
Act of 1945, as amended and supplemented, or under the Act of June
28, 1935, P.L. 463, as amended and supplemented, is in existence.
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4.
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The names of the incorporating municipalities are the Township
of Carroll and the Borough of Dillsburg, of York County, Pennsylvania.
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5.
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The names and addresses of all municipal authorities of said
incorporating municipalities are:[1]
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6.
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The members of the Board of the Authority shall be 10 in number.
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7.
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The names, addresses, and terms of office of the first members
of the Board of the Authority, each of whom is a citizen of one of
the incorporating municipalities by which he is appointed, are as
follows:[2]
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Â
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IN WITNESS WHEREOF, the Township of Carroll, York County, Pennsylvania,
has caused these Articles of Incorporation to be executed by its Chairman
of the Board of Supervisors, and has caused these Articles of Incorporation
to be attested by its Secretary or Assistant Secretary and its Official
Seal to be affixed thereto this 17th day of January 1989.
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ATTEST:
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TOWNSHIP OF CARROLL
York County, Pennsylvania
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  Secretary
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  Chairman
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(SEAL)
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[1]
Editor's Note: Here followed the names and addresses of the
original officials incorporating the Authority. Such information is
on file in the Township offices.
[2]
Editor's Note: Here followed the names and addresses of the
first members of the Board of the Authority. Such information is on
file in the Township offices.
The Chairman or Vice Chairman of the Board of Supervisors of
the Township, and the Secretary of this Township, hereby are authorized,
empowered, and directed to cause notice of the substance of this article,
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 Act.
The Chairman or Vice Chairman of the Board of Supervisors of
this Township, and the Secretary of this Township, hereby are authorized,
empowered, and directed to cause such Articles of Incorporation to
be filed with the Secretary of the Commonwealth of Pennsylvania and
to do all other acts and things necessary or appropriate to effect
the incorporation of such Authority, including payment of any fees
necessary in connection therewith.[1]
[Amended 7-15-2003 by Ord. No. 2003-144]
The enactment of this amendment is deemed necessary for the
benefit and preservation of the public health, peace, comfort and
general welfare of the Citizens of the Township. The Logan Park Authority
has been formed under applicable statutes, as amended and supplemented,
and the Logan Park Authority will function as an authority which is
an operating authority pursuant to the Municipality Authorities Act.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
[Adopted 12-7-1999 by Ord. No. 1999-121]
The Township hereby signifies to Dillsburg the desire of the
Township to become a member of the Dillsburg Area Authority.
The following amendments to the Articles of Incorporation of
the Dillsburg Authority are hereby approved:
A.Â
Section
8 is amended to read in full as follows:
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"8.
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The Board of the Authority shall consist of eight members appointed
by the governing bodies of the municipalities listed below (the "Municipalities")
for the initial terms set forth opposite their names, the names to
be inserted in the amendment upon notification by the applicable municipality,
but to include those now serving, and upon the expiration of initial
terms the subsequent terms shall each be five years, each successor
to be appointed by the municipality making the initial appointment:
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Name
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Address
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Appointing Municipality
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Term
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Dillsburg Borough
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Dillsburg Borough
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Carroll Township
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Carroll Township
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Franklin Township
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Franklin Township
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Franklintown Borough
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Franklintown Borough
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B.Â
Two
sections shall be added at the end to read as follows:
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"9.
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The projects to be undertaken by the Authority shall be the
acquiring, holding, constructing, improving, maintaining, and operating,
owning, leasing, either in the capacity of lessor or lessee, projects
of the following kind and character:
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(i)
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Sewer systems or parts thereof, sewage treatment works, including
works for treating and disposing of industrial waste for users in
the Borough of Dillsburg, the Borough of Franklintown, the Township
of Carroll, and the Township of Franklin (collectively, the "Municipalities")
in accordance with applicable provisions of the sewage facility plans
approved for the Municipalities pursuant to Act 537 of the Commonwealth
of Pennsylvania;[1] and
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(ii)
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Water works, water supply works, water distribution systems
for users in the Municipalities, except (i) in the Borough of Franklintown;
and (ii) in any areas of a municipality where the governing body of
such municipality may determine that such service should not be provided,
in the exercise of the zoning and land development supervision powers
of the municipality."
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"10.
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Any proposed action to provide water or sewer service in any
area outside the boundaries of the Municipalities, and also any proposed
action to sell or otherwise dispose of either the Authority's
water system or its sewer system as an entity, shall require the approval
of all member Municipalities of the Authority."
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[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
As the initial members of the Board of the Authority appointed
by this Township, the following two persons are hereby designated
(the Authority Board):[1]
[1]
Editor's Note: Here followed the names and addresses of the
initial members of the Board of the Authority. Such information is
on file in the Township offices.
This Township designates the Authority as the exclusive agent of the Township to provide public water and sewer service within the Township, to the extent and in the manner provided in the amendment to the Dillsburg Authority's Articles set forth in § 9-7 hereof.
Upon approval by the Dillsburg Authority of the application
of this Township to become a member of the Authority, but not prior
to the effective date hereof, the appropriate officers of this Township
are hereby authorized to execute on its behalf and file with the Pennsylvania
Department of State an application of the Township to join the Authority,
pursuant to Section 3.1 of the Municipality Authorities Act of 1945,
as amended.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5603.
The transfer of the Carroll System and related assets to the
Township is hereby approved. The Chairman or Vice Chairman of the
Board of Supervisors and the Township Secretary are hereby authorized
and directed on behalf of the Township to execute and deliver to the
Carroll Authority a request for the conveyance and transfer of the
Carroll System and all other assets of the Carroll Authority to the
Township, such request to summarize the rights and obligations set
forth in Section 18 of the Authorities Act and in other respects to
be in such form as said officials may approve, their execution thereof
to constitute conclusive evidence of such approval.
Concurrently with the transfer of the Carroll System and all
other assets by the Carroll Authority to this Township, and the simultaneous
repayment of any current obligations of the Carroll Authority from
such assets, the Township does hereby assume and agree to pay and
discharge, when due, all obligations and liabilities of the Carroll
Authority, and the proper officers of the Township are hereby authorized
and directed on its behalf to execute and deliver, at the time of
such transfer and such deposit, any such further instrument as may
be necessary or requested by the Carroll Authority to evidence such
assumption of obligations.
Concurrently with the above-mentioned assumption of debts of
the Carroll Authority, the proper officers of the Township are hereby
authorized and directed to accept the conveyance of the Carroll System
by the Carroll Authority to this Township, pursuant to Section 18
of the Authorities Act, and immediately thereafter, the proper officers
of the Township are hereby further authorized and directed to execute
and deliver all such deeds, bills of sale, assignments and other papers
as may be necessary or advisable to convey ownership of the Carroll
System and all related assets to the Dillsburg Authority, but only
upon assumption by the Dillsburg Authority of all the obligations
of the Carroll Authority, and when the joinder of this Township as
a member of the Dillsburg Authority shall have become effective.
The proper officers of the Township are hereby authorized and
empowered to execute and deliver all documents, pay such incidental
expenses, and take all additional action which they may deem necessary
or desirable to carry out the provisions of the foregoing sections.
This article shall become effective on the date by which ownership
of all governmentally owned sewer and water systems in the Municipalities
and the responsibility for providing water and sewer service therein
(except for water service in Franklintown) have been transferred to
the Authority.
