[HISTORY: Adopted by the Board of Commissioners of the Township of Reserve as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-18-1984 by Ord. No. 434]
It is the desire of the Board of Commissioners of the Township of Reserve in the County of Allegheny, Commonwealth of Pennsylvania, and the Board of Commissioners hereby signifies its intention to participate in the organization of a Joint Sewer Authority under the Municipality Authorities Act of 1945, P.L. 382, as amended (P.S. § 301 et seq.).[1]
[1]
Editor's Note: Said Act was repealed by Act 22 of 2001 (6-19-2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The project to be undertaken by the authority is the acquisition, operation and maintenance of all sewer systems within that portion of the Girty's Run Watershed situate within the boundaries of the participating municipalities.
The proper officers of the Township of Reserve are hereby authorized and directed to participate in the organization of the said Joint Sewer Authority and execute Articles of Incorporation which shall be filed with the Secretary of the Commonwealth of Pennsylvania as provided by law.
In pursuance of the said desire and intention and in conformity with the provisions of, the said Municipality Authorities Act and its amendments, the proposed Articles of Incorporation are hereby set forth in full as follows:
ARTICLES OF INCORPORATION OF THE GIRTY'S RUN JOINT SEWER AUTHORITY
[Amended 8-10-2009 by Ord. No. 636]
To: The Secretary of the Commonwealth of Pennsylvania, Harrisburg, Pennsylvania
In compliance with the requirements of the Municipality Authorities Act of 1945, approved the second day of May, 1945, P.L. 382, as amended and pursuant to ordinances enacted by the Council of the Borough of Millvale, the Board of Commissioners of the Township of Ross, the Board of Commissioners of the Township of Shaler and the Board of Commissioners of the Township of Reserve, that a Joint Municipal Authority be established under the provision of the aforementioned Act, that said municipalities desire that a Joint Municipal Authority be established and that a certificate of incorporation be issued to the said Authority, the Borough of Millvale and the Townships of Ross, Reserve and Shaler do hereby certify:
1.
The name of the authority shall be "The Girty's Run Joint Sewer Authority."
2.
The authority is formed under the Municipality Authorities Act of 1945, P.L. 382, as amended.
3.
No other authority has been organized under the provisions of said Act or the Municipality Authorities Act of 1935 and is in existence within the Borough of Millvale and the Townships of Ross, Reserve and Shaler, with the exception of the following:
RESERVE TOWNSHIP SCHOOL AUTHORITY
Allegheny County, Pennsylvania
RESERVE TOWNSHIP SEWER AUTHORITY
Allegheny County, Pennsylvania
RESERVE TOWNSHIP EMERGENCY MEDICAL SERVICES AUTHORITY
Allegheny County, Pennsylvania
ROSS TOWNSHIP AUTHORITY
Allegheny County, Pennsylvania
SHALER TOWNSHIP WATER AUTHORITY
Allegheny County, Pennsylvania
ROSS/WEST VIEW EMERGENCY MEDICAL SERVICES AUTHORITY
Allegheny County, Pennsylvania
MILLVALE AMBULANCE AUTHORITY
Allegheny County, Pennsylvania
4.
The purpose of the Authority is the planning, designing, financing, construction, reconstruction, replacement, rehabilitation and maintenance of the sewer system within the Girty's Run Watershed so as to a) eliminate any existing hydraulic overload, b) prevent future hydraulic overload and c) to provide the required capacities within the sewer system to meet the demands and anticipated demands of the Girty's Run Watershed. The Authority shall not have the power to extend the service area of the sewer system when such an extension would require the Authority to either construct the same or require the Authority to incur a financial obligation as a result thereof.
5.
The term of the Authority's existence shall be 50 years from the effective date of this amendment.
6.
The names of the incorporating municipalities and their addressed are as follows:
(a)
Borough of Millvale
501 Lincoln Avenue
Millvale, PA 15209
(c)
Township of Reserve
33 Lonsdale Street
Pittsburgh, PA 15212
(b)
Township of Ross
Perry Highway and Center Highway
Pittsburgh, PA 15229
(d)
Township of Shaler
300 Wetzel Road
Glenshaw, PA 15116
7.
Current names and addresses of the Councils of said Boroughs and Board of Commissioners of said Townships can be found at the official office of each respective municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
8.
The Board of the Authority to be formed pursuant to these articles shall consist of eight members, two of whom shall be appointed by each municipality. Except for those who shall be members of the first Board of the Authority, no elected official of any participating municipality shall serve as a member of the Authority Board; members shall be appointed for terms of five years each.
9.
The names and addresses of the terms of the current office of the Authority's Board can be found at the official office of each respective municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
10.
Adoption of bylaws; amendment to the bylaws; establishment of rates.
(a)
The initial adoption of the bylaws of the Authority shall require the unanimous vote of all of the members of the total Board. The bylaws of the Authority shall be amended by the Board by resolution adopted by a vote of 2/3 of the Board members appointed to the Authority Board provided the Board members voting in favor of the proposed resolution shall include at least one Board member of the Authority Board representing each of the four member boroughs or townships.
(b)
In order for the Board to fix, alter or change the rates, charges and/or fees charged by the Authority, a resolution shall be adopted by the unanimous vote of all Board members appointed to the Authority Board.
The Articles of Incorporation of the proposed Authority, in substantially the same form as set forth in § 14-5 of this article, shall be executed on behalf of the Township of Reserve by the President of its Board of Commissioners, under municipal seal and attested by the Township Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to affect and establish said Authority, in conformity with the aforesaid Municipality Authorities Act of 1945, its supplements and amendments.
Any ordinances or parts thereof conflicting with the provisions of this article shall be and the same is hereby repealed insofar as the same affects this article.