[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hanover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 158.
[Adopted 1-20-1986 as Ch.
1, Part 3, of the 1986 Code]
West Hanover Township is a rapidly growing suburban, residential-oriented
township, and has experienced the modern-day governmental service problems
associated with such growth. In an effort to address such governmental service
problems and to create a vehicle whereby such problems may be solved, it is
deemed desirable to establish and organize a body politic and corporate whose
entire purpose shall be to address and solve the governmental service problems
identified in the "Municipality Authorities Act of 1945" ("Act").[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
There is hereby established and organized a body politic and corporate,
to commence lawful existence upon the issuance of a certificate of incorporation
by the Secretary of the Commonwealth, to be known as the "West Hanover Township
Authority."
The Authority shall have all powers vested generally in an authority,
pursuant to the Act, subject, nevertheless, to the following limitations:
A.
No plan of the Authority shall become effective, without
prior approval of the West Hanover Township Board of Supervisors, which shall
involve the making of business improvements or the providing of administrative
services.
The members of the Authority shall be five in number, each of whom shall
be taxpayers in West Hanover Township and either be a resident of or the owner
of a business in West Hanover Township. Each member shall be appointed by
the West Hanover Township Board of Supervisors for a term of five years; however,
the appointment of the initial members shall be for shorter terms of one,
two, three, four and five years so that staggered vacancies shall occur each
year thereafter.
The Authority shall devise its own plans of financial management and
funding of projects undertaken by it; however, until such funding plans are
completed, the West Hanover Township Board of Supervisors shall make such
appropriations as may be necessary to provide for the initial planning and
funding required of the Authority, subject, nevertheless, to the requirement
that the Authority shall reimburse West Hanover Township for funds so advanced
as funds thereafter become available to the Authority.
The Chairman of the Board of Supervisors of West Hanover Township and
the Secretary of West Hanover Township are hereby authorized to execute and
file Articles of Incorporation for the West Hanover Township Authority in
the office of the Secretary of the Commonwealth in the proper form and in
the manner authorized by the Act and this article.
[Adopted 3-19-1990 by Ord.
No. 1990-2]
The Board of Supervisors of West Hanover Township hereby signifies its
intent to organize an Authority in accordance with the terms of the Municipality
Authorities Act of 1945.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
There is hereby organized and established a body corporate and politic,
which shall be known as the "West Hanover Township Water and Sewer Authority"
("the Authority," herein), and which shall commence its lawful existence upon
the issuance of a certificate of incorporation by the Secretary of the Commonwealth
of Pennsylvania.
A.
The Authority shall be for the purpose of acquiring,
holding, constructing, improving, maintaining, operating, owning or leasing,
either in the capacity of lessor or lessee, projects of the following kind
and character:
B.
The Board of Supervisors specifically reserves its right
to specify, from time to time by subsequent resolution or ordinance, the projects
to be undertaken by the Authority, and no projects shall be undertaken by
said Authority other than those so specified.
The powers of the Authority shall be exercised by a governing body ("the
Board," herein), which shall consist of five members, each of whom shall be
a taxpayer in, maintain a business in or be a citizen of West Hanover Township.
The terms of office of the members of the Board shall commence on the date
of appointment. One member 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 the Authority's incorporation.
The Authority shall devise its own plans of fiscal management and funding
for the projects it undertakes. Until the Authority makes all necessary funding
arrangements, however, the Board of Supervisors shall make those appropriations
necessary to allow the Authority to proceed with its initial planning, on
the express condition that the Authority shall reimburse the Board of Supervisors
for all such appropriations as the Authority becomes able to do so.
The Chairman of the Board of Supervisors and the West Hanover Township
Secretary are hereby authorized to execute and file Articles of Incorporation
for the Authority, in the form and in the manner prescribed by the Municipality
Authorities Act of 1945,[1] in the office of the Secretary of the Commonwealth.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
