Township of Carroll, PA
York County
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Table of Contents
Table of Contents
[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:
ARTICLES OF INCORPORATION
To: The Secretary of The Commonwealth of Pennsylvania
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:
1.
The name of the Authority is the LOGAN PARK AUTHORITY.
2.
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.
3.
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.
4.
The names of the incorporating municipalities are the Township of Carroll and the Borough of Dillsburg, of York County, Pennsylvania.
5.
The names and addresses of all municipal authorities of said incorporating municipalities are:[1]
6.
The members of the Board of the Authority shall be 10 in number.
7.
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]
 
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.
ATTEST:
TOWNSHIP OF CARROLL
York County, Pennsylvania
  Secretary
  Chairman
(SEAL)
[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]
[1]
Editor's Note: Original Section 5, First members of the Board, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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. 
Section 8 is amended to read in full as follows:
"8.
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:
Name
Address
Appointing Municipality
Term
Dillsburg Borough
Dillsburg Borough
Carroll Township
Carroll Township
Franklin Township
Franklin Township
Franklintown Borough
Franklintown Borough
B. 
Two sections shall be added at the end to read as follows:
"9.
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:
(i)
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
(ii)
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."
"10.
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."
[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.