[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-2001 by Ord. No. 81]
The Board of Supervisors of this Township hereby signifies its
intention to organize and does hereby authorize the organization of
a Joint Sewer Authority, together with the Townships of East Nantmeal
and Warwick, under the provisions of Municipality Authorities Act
of 1945, P.L. 382, as amended and supplemented, 53 P.S. § 301
et seq. (the "Act").[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601
et seq.
The name of the joint municipal authority shall be the "Nantmeal/Warwick
Joint Sewer Authority" (the "Authority").
In pursuance of said intention and authorization, the Articles
of Incorporation of the Authority are hereby approved and adopted
in the following form and content in accordance with the requirements
of the Act:
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ARTICLES OF INCORPORATION
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NANTMEAL/WARWICK JOINT SEWER AUTHORITY
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TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA:
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In compliance with the Municipality Authorities Act of 1945,
P.L. 382, as amended and supplemented, 53 P.S. § 301 et
seq. (the "Act"),[1] East Nantmeal Township, West Nantmeal Township and Warwick
Township, (the "organizing municipalities"), all of Chester County,
Pennsylvania, pursuant to ordinances of each municipality duly enacted
by their respective Boards of Supervisors authorizing and directing
the formation of a joint municipal authority under the Act, hereby
do hereby collectively certify that they have authorized the formation
of the following joint municipal authority having the designated powers
and purposes as follows:
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1.
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The name of the joint municipal authority shall be the "Nantmeal/Warwick
Joint Sewer Authority" (the "Authority").
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2.
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The Authority is formed under the Municipality Authorities Act
of 1945, P.L. 382, as amended and supplemented, 53 P.S. § 301
et seq.[2]
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3.
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No other Authority has been organized under the Municipality
Authorities Act of 1945, P.L. 382, as amended and supplemented, 53
P.S. § 301 et seq., or under the Act approved on June 28,
1935, P.L. 463 (repealed) by any of the organizing municipalities,
nor is any other Authority in existence in or for the organizing municipalities.
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4.
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The names of the organizing municipalities incorporating the
Authority and the names and addresses of the members of their respective
Boards of Supervisors are as follows:[3]
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A.
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Warwick Township, 2500 Ridge Road, Elverson, Pennsylvania 19520:
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B.
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East Nantmeal Township, 3383 Conestoga Road, Glenmoore, Pennsylvania
19343:
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C.
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West Nantmeal Township, 455 North Manor Road, Box 234, Elverson,
Pennsylvania 19520:
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5.
|
The names, addresses and terms of office of the first members
of the Board of the Authority, each such member being a citizen and
resident of the respective organizing municipality appointing them
to the Board, are as follows:[4]
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A.
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East Nantmeal Township:
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B.
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West Nantmeal Township:
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C.
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Warwick Township:
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6.
|
The terms of office of the first members of the Board of the
Authority shall commence on the date of their appointments. Two members
shall serve for one year, one for two years, one for three years,
one for four years, and one for five years from the first Monday in
January next succeeding the date of incorporation as evidenced by
the Certificate of Incorporation issued by the Secretary of the commonwealth
evidencing the incorporation of the Authority under the provisions
of the Act.
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7.
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Initial Chairman will be Robert Johnson, who will serve until
the members otherwise agree.
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8.
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When a vacancy on the Authority Board shall occur by reason
of death, disqualification, resignation or removal of a member, the
Board of Supervisors of the municipality in the representation of
which the vacancy occurs, that is, the said Board who appointed such
member and of which such member is a citizen and resident (the "appointing
Board"), shall appoint a successor to fill his unexpired term. When
a vacancy on the Authority Board shall occur by reason of expiration
of the term of any member, the appointing Board shall appoint a member
of the Authority Board for a term of five years from the date of expiration
of the prior term. Members shall hold office until their successors
are appointed, and may succeed themselves.
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9.
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The Authority shall be a body corporate and is formed for the
purpose of initially having oversight and approval authority over
the operations of the sewer system in the Nantmeal/Warwick Sewer Service
Area and the power to hold, construct, finance, improve, maintain
and operate, own, and lease, either in the capacity of lessor or lessee,
sewers, sewer systems or parts thereof located within the Nantmeal-Warwick
Sewer Service Area located partially in West Nantmeal Township, East
Nantmeal Township, Warwick Township and Elverson Borough, all located
in Chester County, Pennsylvania, as the Nantmeal-Warwick Sewer Service
Area is more particularly described and depicted in the Revision to
the Official Wastewater Facilities Plans for West Nantmeal Township,
East Nantmeal Township, Warwick Township and Elverson Borough, dated
August 25, 2000, prepared by URS Corporation, Tatman and Lee Division;
and for such purpose, the said Authority shall have the powers enumerated
and granted to municipal authorities by the provisions of the Act.
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In witness whereof, the Boards of Supervisors of the organizing
municipalities of East Nantmeal Township, West Nantmeal Township and
Warwick Township have caused these Articles of Incorporation to be
duly executed on behalf of the said Townships by the Chairman and
Secretary of each such Board of Supervisors, being duly authorized
so to do, and have caused the respective Township seals to be duly
affixed and attested on the date so indicated
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Attest:
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East Nantmeal Township
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Board of Supervisors
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__________
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By: __________
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Township Secretary
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Chairperson
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Dated: __________
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Attest:
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West Nantmeal Township
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Board of Supervisors
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__________
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By: __________
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Township Secretary
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Chairperson
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Dated: __________
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Attest:
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Warwick Township
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Board of Supervisors
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__________
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By: __________
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Township Secretary
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Chairperson
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Dated: __________
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[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601
et seq.
[2]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601
et seq.
[3]
Editor's Note: The names and addresses of the members of the
Boards of Supervisors of the organizing municipalities in the original
ordinance were deleted as part of the 2021 publication of the Code.
The original ordinance, on record in the Township offices, contains
a complete listing.
[4]
Editor's Note: The names, addresses and terms of office of
the first members of the Board of the Authority in the original ordinance
were deleted as part of the 2021 publication of the Code. The original
ordinance, on record in the Township offices, contains a complete
listing.
The first members of the Board of the Authority from this Township,
named in the foregoing Articles of Incorporation, are hereby specifically
appointed members of the said Authority Board for the terms set forth
after their respective names, and their terms shall commence on the
dates set forth in the said Articles of Incorporation.
Upon evidence that a substantially similar ordinance has been
adopted by all the Townships, the Chairman of the Board of Supervisors
of this Township and the Township Secretary are hereby authorized
and directed to execute said Articles of Incorporation on behalf of
said Township, and the Secretary is hereby authorized and directed
to affix thereto and attest the seal of said Township. Said officers
are further authorized and directed to cause a notice of intention
to file said Articles of Incorporation to be published as required
by law, and to file said Articles of Incorporation, together with
a certified copy of this article and required proofs of publication,
with the Secretary of the Commonwealth of Pennsylvania, and to take
all such action as they may deem necessary or appropriate to effect
and establish said Authority.
The Authority shall be a body corporate and is formed for the
purpose of initially having oversight and approval authority over
the operations of the sewer system in the Nantmeal/Warwick Sewer Service
Area and the power to hold, construct, finance, improve, maintain
and operate, own, and lease, either in the capacity of lessor or lessee,
sewers, sewer systems or parts thereof located within the Nantmeal-Warwick
Sewer Service Area located partially in West Nantmeal Township, East
Nantmeal Township, Warwick Township and Elverson Borough, all located
in Chester County, Pennsylvania, as the Nantmeal-Warwick Sewer Service.
Area is more particularly described and depicted in the Revision to
the Official Wastewater Facilities Plans for West Nantmeal Township,
East Nantmeal Township, Warwick Township and Elverson Borough, dated
August 25, 2000, prepared by URS Corporation, Tatman and Lee Division;
and for such purpose, the said Authority shall have the powers enumerated
and granted to municipal authorities by the provisions of the Act.[1] No other projects shall be undertaken by the Authority
without the prior written approval of the Board of Supervisors of
this Township in the manner as is provided for in the Act.
[1]
Editor's Note: The Municipality Authorities Act of 1945 was
repealed 6-19-2001 by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601
et seq.
