Township of Derry, PA
Mifflin County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 172.
[Adopted 11-20-1967 by Ord. No. 1967-1]
The Board of Township Supervisors of this Township signifies its intention and desire to organize an authority under provisions of the Act of Assembly, approved May 2, 1945, P.L. 382, known as the "Municipality Authorities Act of 1945,"[1] as amended and supplemented (the "Authorities Act"), 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 and sewage treatment works, including works for treating and disposing of industrial waste.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The Chairman or Vice Chairman of the Board of Township Supervisors and Secretary or Assistant Secretary, respectively, of this Township are authorized and directed to execute, on 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 an ordinance duly enacted by the municipal authorities of the Township of Derry, Mifflin County, Pennsylvania, expressing the intention and desire of the municipal authorities of said municipality to organize an authority under provisions of said act, the incorporating municipality does certify:
1.
The name of the Authority is "Derry Township Sanitary Sewer Authority."
2.
The Authority is formed under provisions of the Act of Assembly, approved 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 and sewage treatment works, including works for treating and disposing of industrial waste.
3.
No other authority has been organized under the Act of Assembly, approved May 2, 1945, P.L. 382, as amended and supplemented, known as the "Municipality Authorities Act of 1945", or under the Act of Assembly, approved June 28, 1935, P.L. 463, as amended and supplemented, and is in existence in or for the incorporating municipality.
4.
The name of the incorporating municipality is:
Township of Derry
Mifflin County, Pennsylvania
5.
The names and addresses of the municipal authorities of said incorporating municipality are:
Office
Name
Address
Township Supervisor and Chairman of Board of Township Supervisors
W. Donald Elliott
Locke Avenue
Yeagertown, Pennsylvania
Township Supervisor and Vice Chairman of Board of Township Supervisors
Edward L. Gushard
Eighth and Cedar Streets
Derry Township
Lewistown, Pennsylvania
Township Supervisor
J. Quintus Ashmore
724 Electric Avenue
Derry Township
Lewistown, Pennsylvania
6.
The names, addresses and terms of office of the first members of the Board of the Authority, each of whom is a resident and citizen of said incorporating municipality, are as follows:
Name
Address
Term of Office
(years)
Jesse F. Davis
515 Maple Avenue, Lewistown
(Derry Township), Pennsylvania
5
George W. Mowery
22 Laurel Street, Lewistown
(Derry Township), Pennsylvania
2
Robert L. Ingram
321 Cottage Place, Lewistown
(Derry Township), Pennsylvania
3
Harry F. Stimely, Jr.
Clover Avenue, Yeagertown
(Derry Township), Pennsylvania
4
James H. Brower
R. D. 3, Lewistown
(Derry Township), Pennsylvania
1
IN WITNESS WHEREOF, the Township of Derry, Mifflin County, Pennsylvania, has caused these Articles of Incorporation to be executed by the Chairman or Vice Chairman of its Board of Township Supervisors, and to be attested by its Secretary or Assistant Secretary, and its official seal to be affixed, this 20th day of November 1967.
TOWNSHIP OF DERRY,
Mifflin County, Pennsylvania
By:
(Vice) Chairman of Board of Township Supervisors
ATTEST:
(Assistant) Secretary
The Chairman or Vice Chairman of the Board of Township Supervisors and Secretary or Assistant Secretary, respectively, of this Township are authorized and directed to cause notice of the substance of this article, 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 or Vice Chairman of the Board of Township Supervisors and Secretary or Assistant Secretary, respectively, of this Township are authorized and directed to cause such Articles of Incorporation, together with necessary proof of publication, to be filed with the Secretary of the Commonwealth of Pennsylvania and to do all other acts and things necessary or appropriate to effect the incorporation of the Authority, including payment of any fees necessary in connection therewith.
The following named persons shall be and they are appointed as first members of the Board of the Authority for the following terms of office:
Name
Address
Term of Office
(years)
Jesse F. Davis
515 Maple Avenue, Lewistown
(Derry Township), Pennsylvania
5
George W. Mowery
22 Laurel Street, Lewistown
(Derry Township), Pennsylvania
2
Robert L. Ingram
321 Cottage Place, Lewistown
(Derry Township), Pennsylvania
3
Harry F. Stimely, Jr.
Clover Avenue, Yeagertown
(Derry Township), Pennsylvania
4
James H. Brower
R. D. 3, Lewistown
(Derry Township), Pennsylvania
1
The enactment of this article is deemed necessary for the benefit of and preservation of the public health, peace, comfort and general welfare of and will increase the prosperity of citizens of this Township.
[Adopted 9-25-1972 by Ord. No. 1972-4]
This Township grants to the Authority, its successors and assigns, all easements, rights-of-way and other rights and privileges necessary and desirable in, along, over and under streets, roads, lanes, courts, public squares, alleys, highways and other properties of this Township, together with free ingress, egress and regress therein and thereto, along with other persons having interests, rights or privileges therein, for use in connection with constructing, replacing, repairing, altering, maintaining and operating the sewer system, as the same shall exist, from time to time.
The rights and privileges granted to the Authority under § 5-7 shall be exercised by the Authority under and subject to such reasonable rules, regulations and conditions as shall be adopted and specified, from time to time, by this Township; and this Township reserves the right to adopt and specify, from time to time, such reasonable rules, regulations and conditions in connection with exercise by the Authority of such rights and privileges.