[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 10-17-1961 by Ord. No. 20. Amendments noted where applicable.]
The Board of Township Supervisors of this Township signifies the intention and desire to organize an Authority jointly with the Township of Douglass, Montgomery County, Pennsylvania, under provisions of the Act of May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality Authorities Act of 1945" (the "Authorities Act"),[1] for the following purposes:
To acquire, hold, construct, improve, maintain, operate, own and lease, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial wastes, waterworks, water supply works and water distribution systems.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Amended 3-15-1976 by Ord. No. 2-76; 6-20-2011 by Ord. No. 4-2011]
The Chairman of the Board of Township Supervisors and Secretary, respectively, of this Township are authorized 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 Assembly approved May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality Authorities Act of 1945", and pursuant to Ordinances duly enacted by the municipal authorities of the Township of Colebrookdale, Berks County, Pennsylvania and the Township of Douglass, Montgomery County, Pennsylvania, expressing the intention and desire of the municipal authorities of said municipalities to organize a municipality authority jointly under provisions of said Municipality Authorities Act of 1945, said municipalities certify:
1.
The name of the Authority is "BERKS-MONTGOMERY MUNICIPAL AUTHORITY".
2.
The Authority is formed under provisions of the Act of Assembly May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality Authorities Act of 1945", for the following purposes:
To acquire, hold, construct, improve, maintain, operate, own and lease, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial wastes, waterworks, water supply works and water distribution systems.
3.
No other Authority has been organized under said Municipality Authorities Act of 1945, as amended and supplemented, or under the Act of Assembly approved June 28, 1935, in or for either incorporating municipality.
4.
The names of the incorporating municipalities are:
Township of Colebrookdale, Berks County, Pennsylvania
Township of Douglass, Montgomery County, Pennsylvania
5.
The names and addresses of all municipal authorities of said incorporating municipalities are:
Township of Colebrookdale, Berks County, Pennsylvania
Office
Name
Address
Township Supervisor and Chairman of the Board
John E. Hartman
New Berlinville, Pennsylvania
Township Supervisor
William S. Shane
New Berlinville, Pennsylvania
Township Supervisor
Roy G. Stauffer
R.D. 1, Boyertown Pennsylvania
Township of Douglass, Montgomery County, Pennsylvania
Office
Name
Address
Township Supervisor and Chairman of the Board
Walter S. Hoffman
R.D. 1, Barto, Pennsylvania
Township Supervisor and Secretary of the Township
Earl W. Zern
Gilbertsville, Pennsylvania
Township Supervisor
Norman W. Moyer
1475 East Philadelphia Avenue, Gilbertsville, Pa.
6.
The members of the Board of the Authority shall be six in number and shall be apportioned as follows:
Township of Colebrookdale, Berks County, Pennsylvania
3
Township of Douglass Montgomery County, Pennsylvania
3
7.
The names, addresses and terms of office of first members of the Board of the Authority, each of whom is a citizen of the incorporating municipality by which he is appointed, are as follows:
Name
Address
Appointee of:
Term of Office
Daniel D. Unger
330 West Sixth Street Boyertown, Pennsylvania (Township of Colebrookdale)
Township of Colebrookdale, Berks County, Pennsylvania
5 years
Daniel Schoenly
Gilbertsville, Pennsylvania
Township of Douglass, Montgomery County, Pennsylvania
4 years
Fitzhugh T. Clark
R.D. 2, Boyertown Pennsylvania
Township of Colebrookdale Berks County, Pennsylvania
3 years
Frank R. Friz
Gilbertsville, Pennsylvania
Township of Douglass, Montgomery County, Pennsylvania
2 years
Titus L. Johnson
New Berlinville, Pennsylvania
Township of Colebrookdale Berks County, Pennsylvania
1 year
Clyde Underkoffler
R.D. 1, Boyertown,
Township of Douglass, Montgomery County, Pennsylvania
1 year
8.
The term of existence of the Authority shall be for a period ending on December 31, 2060.
IN WITNESS WHEREOF, The Township of Colebrookdale, Berks County, Pennsylvania and the Township of Douglass, Montgomery County, Pennsylvania, each has caused these Articles of Incorporation to be executed by its Chairman of the Board of Township Supervisors and to be attested by its Secretary, and its Official Seal to be affixed hereto, this _____ day of
TOWNSHIP OF COLEBROOKDALE,
Berks County, Pennsylvania
ATTEST:
By
Chairman of the Board of Township Supervisors
Secretary
TOWNSHIP OF DOUGLASS
Montgomery County, Pennsylvania
ATTEST:
By:
Chairman of the Board of Township Supervisors
Secretary
The Chairman of the Board of Township Supervisors and Secretary, respectively, of this Township, acting jointly with appropriate officers of Township of Douglass, Montgomery County, Pennsylvania, are authorized and directed to cause notice of the substance of this Ordinance, 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 Authorities Act.
The Chairman of the Board of Township Supervisors and Secretary, respectively, of this Township, acting jointly with appropriate officers of Township of Douglass, Montgomery, Pennsylvania, are authorized and directed to cause such Articles of Incorporation, together with necessary proofs of publication, to be filed with the Secretary of the Commonwealth of Pennsylvania and to do all other acts necessary or appropriate to effect the incorporation of such Authority, including payment of required filing fees.
The following named persons are appointed the first members to represent this Township on the Board of such Authority for the following terms of office:
Name
Address
Term of Office
Daniel D. Unger
330 West Sixth Street Boyertown, Pennsylvania (Township of Colebrookdale)
5 years
Fitzhugh T. Clark
R.D. 2, Boyertown Pennsylvania
3 years
Titus L. Johnson
New Berlinville, Pennsylvania
1 year
The enactment of this chapter is deemed necessary for the benefit of and preservation of the public health, peace, comfort and general welfare of citizens of this Township and will increase the prosperity of citizens of this Township.
All ordinances or parts of ordinances, insofar as such shall be inconsistent herewith, shall be and the same expressly are repealed.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Effective upon the adoption of this Code, all references in this Chapter 15 to the governing body of the Township of Colebrookdale shall be deemed to refer to the Board of Commissioners of the Township of Colebrookdale, and references to the officers shall be deemed to refer to the President, Vice President, or Secretary of the Township of Colebrookdale.