[Ord. 102, 12/6/1988]
The Hoard of Supervisors of this Township hereby signifies its
intention to organize an Authority under the provisions of the Municipality
Authorities Act of 1945, (Act of May 2, 1945, P.L. 382, as amended),
to be named “Smithfield Sewer Authority.”
[Ord. 102, 12/6/1988]
In preparation for the passage of this ordinance, public hearings
were held on December 6, 1988, as required by law, for discussion
of the intention of the Township of Smithfield to create said Authority.
[Ord. 102, 12/6/1988]
In pursuance of said intention, the Articles of Incorporation
of the said Authority are hereby approved and adopted in the following
form:
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Articles of Incorporation
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Smithfield Sewer Authority
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TO THE SECRETARY OF THE
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COMMONWEALTH OF PENNSYLVANIA:
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In compliance with the Municipality Authorities Act of 1945
(the Act of May 2, 1945, P.L. 382, as amended and supplemented), the
Township of Smithfield, Monroe County, Pennsylvania, pursuant to an
ordinance duly enacted by the Board of Supervisors of said municipality
(the “incorporating municipality”) authorizing and directing
the formation of an Authority under said Act do hereby certify:
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A.
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The name of the Authority shall be “Smithfield Sewer Authority.”
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B.
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The said Authority is formed under the Municipality Authorities
Act of 1945.
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C.
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The following Municipality Authorities have been organized under
the Municipality Authorities Act of 1945 or under the Act approved
June 28, 1935, P.L. 463, or are currently in existence in and for
the incorporating municipality:
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(1)
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Southeastern Monroe Sewer Authority.
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D.
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The name of the incorporating municipality is the Township of
Smithfield, and the names and addresses of its municipal authorities
are as follows: (Here followed the names and addresses of the Hoard
of Supervisors of the Township)
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E.
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The names, addresses and terms of office of the first members
of the Board of said Authority, each being a citizen of the Incorporating
Municipality, are as follows:
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[Here followed the names, addresses and terms of office of the
original members of the Board]
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The terms of office of the Board of said Authority shall commence
on the date of appointment and shall be computed from the first day
of January, 1988.
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F.
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The Board of Supervisors of the incorporating municipality shall
appoint the members of the Board of the Authority. All vacancies on
said Board shall be filled by appointment by the Board of Supervisors
of the incorporating municipality. Such appointment shall be for the
balance of the predecessor member's term, if any, or if none; for
a full term of five years.
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G.
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No new types of projects, other than those listed in 5506 of
this Part under which the Authority was created, shall be undertaken
by the Authority without prior approval of the incorporating municipality.
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H.
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The members of the Board of the Authority shall serve without
compensation, but may be reimbursed for expenses incurred in connection
with their duties as members of the Board.
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[Ord. 102, 12/6/1988]
Those members of the Board of said Authority, who are named
in the aforesaid Articles of Incorporation as being appointed by this
Township, are hereby specifically appointed members of said Board
for the terms set after their respective names, commencing on the
date of appointment and computed from the first. Monday of January,
1988.
[Ord. 102, 12/6/1988]
The Chairman of the Board of Supervisors of this Township is
hereby authorized and directed to execute said changes in the aforesaid
Articles of Incorporation as the signer may approve, and the Secretary
or Assistant 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 Part 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 establish said Authority
and carry out the intention of this Part.
[Ord. 102, 12/6/1988]
The initial project to be undertaken by said Authority is as
follows: construct, hold, improve, maintain, operate, and own a sewerage
treatment facility, and the related sewers, sewer system and the properties
and assets related thereto in Monroe County and to undertake all activities
useful in relation thereto.
