[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 12-20-2004 by Ord. No. 2004-31. Amendments noted where applicable.]
The Board of Commissioners hereby signifies its intention to organize and does hereby authorize the organization of a municipal authority under the provisions of the Municipality Authorities Act of 1945, P.L. 382, as amended and supplemented by the Act of June 19, 2001, P.L. 287, No. 22, further amended by the Act of December 17, 2001, P.L. 926, No. 110, 53 Pa.C.S.A. § 5601 et seq. (the "Municipality Authorities Act").[1]
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Editor's Note: A Municipal Authority was previous organized and incorporated by Caln Township on July 7, 1965, pursuant to the Municipality Authorities Act of 1945, but said Authority was dissolved on April 18, 1987, by Ord. No. 1987-3.
In pursuance of said intention and authorization, the substance of the Articles of Incorporation of the Authority are hereby approved and adopted in the following form and content in accordance with the requirements of the Municipality Authorities Act.[1]
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Editor's Note: A copy of the Articles of Incorporation, containing the names and addresses of the Commissioners at the time of the incorporation of the Authority and those of the first members of the Board of the Authority are on file in the office of the Township Secretary.
The Authority shall be a body corporate and is formed for the purpose of initially having oversight and approval authority over the operations of the Caln Township public sewer system and the power to hold, construct, finance, improve, maintain and operate, own and lease, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof located within Caln Township; and for such purpose, the said Authority shall have the powers enumerated and granted to municipal authorities by the provisions of the Act. No other projects shall be undertaken by the Authority without the prior written approval of the Board of Commissioners of this Township in the manner as is provided for in the Act.
When a vacancy on the Authority Board shall occur by reason of death, disqualification, resignation or removal of a member, the Board of Commissioners shall appoint a successor to fill his unexpired term. When a vacancy on the Authority Board shall occur by reason of expiration of the term of any member, the Board of Commissioners shall appoint a member of the Authority Board for a term of five years from the date of expiration of the prior term. Members shall hold office until their successors are appointed and may succeed themselves.
The Chairman of the Board of Commissioners of this Township and the Township Secretary are hereby authorized and directed to execute said Articles of Incorporation on behalf of said Township, and the 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 ordinance 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 effect and establish said Authority.