[HISTORY: Adopted by the Board of Supervisors of the Township of
Dickinson 7-2-2001 by Ord. No. 4-2001.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the “Dickinson
Township Municipal Authority Incorporation Act.”
The background of this chapter and the legislative intention of the
Board of Supervisors (“Board”) in enacting it are as follows:
A.
The Township of Dickinson is a municipal township of
the second class.
B.
The General Assembly of the Commonwealth of Pennsylvania
has authorized the incorporation of municipal authorities under the Municipality
Authorities Act of May 2, 1945, P.L. 382, § 1, 53 P.S. § 301
et seq., as amended.[1]
[1]
Editor’s Note: The Municipality Authorities Act of 1945 was
repealed June 19, 2001, by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601
et seq.
C.
Section 3 of said Act, 53 P.S. § 303, authorizes
a municipality to organize a municipal authority upon adoption of an ordinance
signifying its intention to do so following the procedures therein specified.
D.
The Board of Supervisors of Dickinson Township desires
to incorporate the Dickinson Township Municipal Authority under said Act.
E.
The Board of Supervisors desires the Dickinson Township
Municipal Authority to undertake the financing, acquiring, holding, constructing,
improving, maintaining, operating, owning, leasing, either in the capacity
of lessor or lessee, water works, water supply works, water distribution systems,
sewers, sewer systems or parts therein, sewage treatment works, and sewage
treatment plants, subject, however to the requirement that said Authority
receive the approval of the Board of Supervisors prior to the commencement
of any installation, project, extension or acquisition of facilities.
F.
The Board of Supervisors has determined that it is in
the best interest of the residents of the Township to have any public water
or sewer systems in the Township governed by the Municipal Authority created
hereby.
The Board of Supervisors of the Township of Dickinson hereby signifies
its intention and desire to organize an authority under the provisions of
the Municipality Authorities Act of 1945, as amended.[1]
[1]
Editor’s Note: See now 53 Pa.C.S.A. § 5601 et seq.
The members of the Board of Supervisors and the Secretary are hereby
authorized and directed to execute, on behalf of the Township of Dickinson,
Articles of Incorporation for said 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 the requirements of the Act of May 2, 1945, P.L.
382, known as “Municipality Authorities Act of 1945,”[1] the Township of Dickinson, Cumberland County, Pennsylvania, desiring
to incorporate an Authority thereunder, does hereby certify:
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1.
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The name of the Authority is “Dickinson Township Municipal Authority.”
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2.
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Said Authority is formed under the provisions of the Act of May 2, 1945,
P.L. 382, as amended.
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3.
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No other Authority organized under the Act of May 2, 1945, P.L. 382,
or under the Act of June 28, 1935, P.L. 463, as amended, is in existence in
or for the incorporating municipality, the Township of Dickinson.
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4.
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The name of the incorporating municipality is “Township of Dickinson,
Cumberland County, Pennsylvania.”
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5.
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The names and addresses of its municipal authorities are as follows:
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Ronald C. Wolfe, 219 Mountain View Road, Mt. Holly Springs, Pennsylvania
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Thomas E. Patterson, 219 Mountain View Road, Mt. Holly Springs, Pennsylvania
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August Ginter, 219 Mountain View Road, Mt. Holly Springs, Pennsylvania
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6.
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The names and addresses and term of office of the first members of the
Board of the Municipal Authority to be formed hereby are as follows:
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Member
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Expiration of Term
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Paul H. Yorlets 1830 Walnut Bottom Road Carlisle, PA 17013
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First Monday in January 2003
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Dennis R. Straub 722 Alexander Spring Road Carlisle, PA 17013
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First Monday in January 2004
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Robert G. Frey 804 Alexander Spring Road Carlisle, PA 17013
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First Monday in January 2005
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Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065
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First Monday in January 2006
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Gerald E. Eby 52 White Oak Drive
Carlisle, PA 17013
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First Monday in January 2007
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7.
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The ordinance authorizing the creation of said Authority, certified
from the records of the Township of Dickinson, together with advertisement
of notice of filing these Articles of Incorporation, are each submitted herewith.
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8.
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The term of existence of the Authority shall be for fifty (50) years
from the date of approval of these Articles of Incorporation.
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[1]
Editor’s Note: See now 53 Pa.C.S.A. § 5601 et seq.
Subject to the approval of the Board of Supervisors by resolution from
time to time, the projects which may be undertaken by the said Authority are
to acquire, hold, construct, finance, improve, maintain, operate, own, lease,
either as lessor or lessee, and finance water works, water supply works, water
distribution systems, sewers, sewer systems or parts thereof, sewage treatment
works and sewage treatment plants for the Township of Dickinson, and for such
other territory as it may be authorized by the Board of Supervisors to serve.
The Board of Supervisors of the Township of Dickinson shall specify,
by resolution or ordinance, the project or projects to be undertaken by the
Authority and no other projects shall be undertaken by the Authority than
those so specified. Except as so limited, the Authority is hereby granted,
and it shall have and may exercise, all powers necessary or convenient for
the carrying out of its purposes, including, but without limitation, all powers
set forth in the Pennsylvania Municipality Authorities Act of 1945, as amended.[1]
[1]
Editor’s Note: See now 53 Pa.C.S.A. § 5601 et seq.
As set forth in the Articles of Incorporation, the following named persons[1] are hereby appointed as the first members of the Board of the
Authority, whose terms of office shall commence on the date of appointment
and shall expire on the first Monday in January of the year indicated.
[1]
Editor’s Note: The specific names and terms of the original
Authority Board members are set forth in the Articles of Incorporation above
and are also on file in the Township offices.
