[Adopted 6-25-1963 by Ord. No. 93]
The Board of Township Supervisors of the Township
of Upper Providence, County of Montgomery and Commonwealth of Pennsylvania,
hereby signifies its intention to organize a municipality authority
under the Municipality Authorities Act of 1945, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The Supervisors of the Township of Upper Providence
are hereby authorized and directed to execute on behalf of said township
the Articles of Incorporation for such Authority in substantially
the following form.[1]
[1]
Editor's Note: The Articles of Incorporation
are not included herein but are on file in the office of the Township
Secretary as part of Ord. No. 93. Such Articles contain the names,
addresses and terms of the members first appointed.
The Secretary of the Board of Supervisors is
hereby directed to cause a notice of this Article to be published
as required by Section 3 of the Municipality Authorities Act of 1945,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 303.
The Supervisors of the Township of Upper Providence
are hereby directed to file Articles of Incorporation in the form
heretofore recited, together with the necessary proofs of publication,
with the Secretary of the Commonwealth and to do all other acts and
things necessary or appropriate to effect the incorporation of the
Upper Providence Township Municipal Authority.
The initial project to be undertaken by the
Authority is acquiring, constructing, improving, maintaining, owning
and leasing a system of sewers and sewage treatment works to serve
the Township of Upper Providence and such other areas as may properly
be served thereby, such facilities to be leased in whole or in part
to the Township of Upper Providence. No contract shall be entered
into or obligation incurred by the Authority without the prior written
approval of the township, and any such contract or obligation in violation
hereof shall be in excess of the powers of the Authority.
[Added 8-5-1968 by Ord. No. 116]
The Upper Providence Township Municipal Authority
is hereby authorized to undertake the study, planning, construction,
improvement, maintenance, ownership and leasing of a system of water
supply and distribution to serve portions of the Township of Upper
Providence and such other areas as may be properly served thereby,
such facilities to be leased in whole or in part to the Township of
Upper Providence.
The persons named and the terms of office set forth in the Sixth Article of the Articles of Incorporation, the execution of which is authorized and directed by § 5-2 hereof, are hereby appointed as the first members of the Board of the Authority, and their terms of office shall commence on the date of appointment and shall be computed from January 1, 1964.
[Added 3-15-2021 by Ord. No. 579]
A.
The articles of incorporation of the Upper Providence Municipal Authority
shall be amended so that the statement of its scope of authority includes
the following language: "In addition to being authorized as a body
corporate and politic for purposes of financing working capital; acquiring,
holding, constructing, financing, improving, maintaining, and operating,
owning or leasing, either in the capacity of lessor or lessee, the
Township's sanitary sewer system as heretofore, the Authority
shall also be empowered to gather information, meet with consultants,
plan, and offer recommendations to the Board of Supervisors with respect
to stormwater planning, management and implementation as necessary
to achieve or maintain compliance with any state or federal stormwater
law or regulation, or as needed generally to maintain and improve
the stormwater system to preserve the health, safety and welfare of
the Township and its residents."
B.
Effective upon the acceptance by the Secretary of the Commonwealth,
the Upper Providence Township Municipal Authority shall have the powers
as set forth in the preceding subsection.
C.
The Township's statement of its intention to file the articles
of incorporation shall be advertised at least three days prior to
presentation of the articles for recording with the commonwealth.
D.
This section authorizes the solicitor and staff to prepare all documents
necessary to accomplish the recordation of the amended articles.
E.
The remainder of Chapter 5 of the Codified Ordinances remains in full force and effect, unaffected by the within provisions.
F.
This section is effective five days after adoption.
G.
Should any provision herein be declared invalid by a court of competent
jurisdiction, such invalid portion shall, to the extent possible,
be severed from the remainder, such remainder to remain in full force
and effect.
