[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 was repealed by Act 22 of 2001 (June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:
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ARTICLES OF INCORPORATION
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TO: THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
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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:
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1.
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The name of the Authority is "Derry Township Sanitary Sewer
Authority."
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2.
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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.
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3.
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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.
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4.
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The name of the incorporating municipality is:
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Township of Derry
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Mifflin County, Pennsylvania
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5.
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The names and addresses of the municipal authorities of said
incorporating municipality are:
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Office
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Name
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Address
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Township Supervisor and Chairman of Board of Township Supervisors
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W. Donald Elliott
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Locke Avenue
Yeagertown, Pennsylvania
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Township Supervisor and Vice Chairman of Board of Township Supervisors
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Edward L. Gushard
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Eighth and Cedar Streets
Derry Township
Lewistown, Pennsylvania
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Township Supervisor
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J. Quintus Ashmore
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724 Electric Avenue
Derry Township
Lewistown, Pennsylvania
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6.
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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:
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Name
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Address
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Term of Office
(years)
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|---|---|---|---|
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Jesse F. Davis
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515 Maple Avenue, Lewistown
(Derry Township), Pennsylvania
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5
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George W. Mowery
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22 Laurel Street, Lewistown
(Derry Township), Pennsylvania
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2
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Robert L. Ingram
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321 Cottage Place, Lewistown
(Derry Township), Pennsylvania
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3
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Harry F. Stimely, Jr.
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Clover Avenue, Yeagertown
(Derry Township), Pennsylvania
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4
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James H. Brower
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R. D. 3, Lewistown
(Derry Township), Pennsylvania
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1
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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.
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TOWNSHIP OF DERRY,
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Mifflin County, Pennsylvania
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By:
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(Vice) Chairman of Board of Township Supervisors
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ATTEST:
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(Assistant) Secretary
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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:
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Name
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Address
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Term of Office
(years)
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|---|---|---|
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Jesse F. Davis
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515 Maple Avenue, Lewistown
(Derry Township), Pennsylvania
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5
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George W. Mowery
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22 Laurel Street, Lewistown
(Derry Township), Pennsylvania
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2
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Robert L. Ingram
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321 Cottage Place, Lewistown
(Derry Township), Pennsylvania
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3
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Harry F. Stimely, Jr.
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Clover Avenue, Yeagertown
(Derry Township), Pennsylvania
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4
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James H. Brower
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R. D. 3, Lewistown
(Derry Township), Pennsylvania
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1
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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.
