[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 was repealed by Act 22 of 2001 (June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.
The name of the proposed Authority is the "Butler
Area Sewer Authority."
[Amended 7-17-2023 by Res. No. 23-16]
The proposed Articles of Incorporation of the
Authority are as follows:
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MUNICIPAL AUTHORITY
ARTICLES OF INCORPORATION
TO THE
SECRETARY OF THE COMMONWEALTH
OF PENNSYLVANIA
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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:
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1.
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The name of the Authority shall be: Butler Area
Sewer Authority.
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2.
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This Authority is formed under the Municipality
Authorities Act of 1945, its supplements and amendments.
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3.
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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]
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4.
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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.
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5.
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The respective names of the incorporating municipalities
are: The City of Butler, Pennsylvania, and the Township of Butler,
Butler County, Pennsylvania.
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6.
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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]
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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]
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7.
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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]
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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.
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[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.
