[Adopted 11-1-1965 as Ch. I, Part 3, Secs. 37 through 41, and Ch. VIII, Part 2, of the 1965 Code]
It is the joint desire and intention of the municipal authorities of the City of Butler, Pennsylvania, and the Township of Butler, Butler County, Pennsylvania, to organize an Authority under the Municipality Authorities Act of 1945, designated as Act No. 164, approved May 2, 1945, together with all supplements thereof and amendments thereto, for the purpose of exercising and enjoying all the powers of the Act, its supplements or amendments.[1]
[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 was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22).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.
[Amended 7-17-2023 by Res. No. 23-16]
The proposed Articles of Incorporation of the Authority are as follows:
MUNICIPAL AUTHORITY
ARTICLES OF INCORPORATION
TO THE
SECRETARY OF THE COMMONWEALTH
OF PENNSYLVANIA
In compliance with the Municipality Authorities Act of 1945, its supplements and amendments,[1] the City of Butler and the Township of Butler, Butler County, Pennsylvania, pursuant to ordinances duly adopted by the representative municipal authorities of both municipalities, signifying their joint desire and intention to form an Authority, hereby certify:
1.
The name of the Authority shall be: Butler Area Sewer Authority.
2.
This Authority is formed under the Municipality Authorities Act of 1945, its supplements and amendments.
3.
The City of Butler, Pennsylvania, has in existence two joint authorities with the County of Butler, Pennsylvania, namely: Butler City - County Airport Authority and Butler County - City Connoquenessing Creek Flood Control Authority, both of which were formed under the Municipality Authorities Act of 1945, its supplements and amendments. The City of Butler, also, has in existence City of Butler Parking Authority, which was formed under the Parking Authority Law, Act of June 5, 1947, P.L. 458, its supplements and amendments. The Township of Butler, Butler County, Pennsylvania, has in existence three authorities formed under the Municipality Authorities Act of 1945, its supplements and amendments, namely: Deshon Sanitary Disposal and Sewer Authority of the Township of Butler, Northwest Sanitary Sewer System Authority, and South Butler Township Sanitary Sewer Authority.[2]
4.
The purpose for which the Authority is formed is to acquire, hold, improve, maintain and operate, own, lease, either in capacity of lessor or lessee, the existing sewage treatment plant which serves both of the incorporating municipalities, and the existing interceptor and collection sewers connected thereto, and to enlarge and expand said sewage treatment plant and construct interceptor sewers in accordance with plans and specifications prepared therefor by Chester Engineers under date of August, 1960; operate, maintain and improve said facilities, and such additional facilities, including sewers and sewer systems, as may be necessary to provide for the adequate collection and treatment of sewage wastes from the incorporating municipalities and to treat sewage wastes from such adjoining political subdivisions or areas as may desire the service; and to exercise all powers and control and maintain all facilities in any way used, useful, necessary, convenient or incidental to the furtherance and operation of such project. In anticipation of the transfer and sale of all or substantially all of the Authority's assets, property and projects in exchange for the receipt of a cash payment and in further anticipation of the termination of the Authority, its Board, Executive Director and Solicitor, in addition to any other authority granted by applicable law, shall have the full authority, without limitation, to take all necessary action, and to execute any necessary agreements and documents, to wind down the its affairs, to effectuate the transfer of its remaining assets and to terminate its existence.
5.
The respective names of the incorporating municipalities are: The City of Butler, Pennsylvania, and the Township of Butler, Butler County, Pennsylvania.
6.
The names and addresses of the Mayor and the members of Council of the City of Butler, Pennsylvania, such persons being the municipal authorities of the municipality, are as follows:[3]
The names and addresses of the Commissioners of the Township of Butler, Butler County, Pennsylvania, such persons being the municipal authorities, are as follows:[4]
7.
A membership of the Board of the Authority to be formed hereby shall be apportioned so that the City of Butler, Pennsylvania, shall have three members and the Township of Butler, Pennsylvania, shall have two members. The names and addresses of the officers of the first Board of the Authority to be formed hereby are as follows:[5]
In witness whereof, the incorporating municipalities have executed these Articles, each by its proper officers thereunto duly authorized, and under its municipal seal, this 29th day of October 1962.
[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.
[2]
Editor's Note: All the aforementioned sewer authorities were disbanded as of the date of publication of this Code.
[3]
Editor's Note: The names and addresses of the Mayor and members of Council at the time of adoption of this ordinance are on file in the Township offices.
[4]
Editor's Note: The names and addresses of the Commissioners at the time of adoption of this ordinance are on file in the Township offices.
[5]
Editor's Note: The names and addresses of the officers of the first Board of the Authority are on file in the Township offices.
[Amended 10-5-1998 by Ord. No. 765]
The Articles of Incorporation of the Authority, in substantially the form set forth in § 7-3 of this article, shall be executed on behalf of the City of Butler by the Mayor, and under its municipal seal, attested by the City Clerk of the City of Butler, and on behalf of the Township of Butler by the President of the Board of Commissioners of Butler Township, and under its municipal seal, attested by the Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the Municipality Authorities Act of 1945, its supplements and amendments.[1]
[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 adoption of this article is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare and will increase the prosperity of the people of the City of Butler and the Township of Butler.
[Amended 10-5-1998 by Ord. No. 765]
The Butler Area Sewer Authority shall be, and hereby is, empowered to enter upon any adopted street, road, lane, alley or other municipal thoroughfare in the Township of Butler and therein to lay, construct, alter, maintain, repair and remove any sewer line, extension of sewer lines or appurtenances thereto necessary to connect the Township's sewage collection system to the treatment plant being constructed by the Authority.
Subsequent to any entry as set forth in § 7-6 hereof, and as soon thereafter as is reasonably practical, said Authority shall restore and street, road, lane, alley or other municipal thoroughfare to good usable condition in compliance with all ordinances and regulations with respect thereto.
Any entrance contemplated in § 7-6 hereof shall be under and subject to such requirements of notice and due care as are required of the Township of Butler for similar work.
If the work in opening or in filling or maintaining the surface shall not be promptly or shall be unskillfully or improperly or incompletely done, the Township may cause the same to be done in the manner it deems proper, and the expense thereof shall be charged to the Butler Area Sewer Authority.