[HISTORY: Adopted by the Board of Supervisors of the Township of
East Caln as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 160.
[Adopted 6-19-1985 by Ord. No. 1985-1]
The Board of Township Supervisors of this Township hereby signifies
it intention to organize an Authority, jointly with the Townships of Caln,
Uwchlan and West Whiteland and the Borough of Downingtown under the provisions
of the Municipality Authorities Act of 1945 (Act of May 2, 1945, P.L. 382,
as amended), to be named "Downingtown Area Regional Authority."
In preparation for the passage of this article, a public hearing was
held on June 19, 1985, as required by law, for discussion of the intention
of the Borough of Downingtown and the Townships of East Caln, Uwchlan, West
Whiteland and Caln to create said Authority.
In pursuance of said intention, the Articles of Incorporation of the
said Authority are hereby approved and adopted in the following form:
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ARTICLES OF INCORPORATION
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Downingtown Area Regional Authority
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To the Secretary of the Commonwealth of Pennsylvania:
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In compliance with the Municipality Authorities Act of 1945 (the Act
of May 2, 1945, P.L. 382, as amended and supplemented), the Borough of Downingtown,
the Township of East Caln, the Township of Uwchlan, the Township of West Whiteland
and the Township of Caln, all of Chester County, Pennsylvania, pursuant to
identical ordinances duly enacted by the governing bodies of said municipalities
(the "Incorporating Municipalities") authorizing and directing the formation
of a joint Authority under said Act do hereby certify:
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1.
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The name of the Authority shall be "Downingtown Area Regional Authority."
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2.
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The said Authority is formed under the Municipalities Authorities Act
of 1945.
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3.
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The following Municipal Authorities have been organized under the Municipality
Authorities Act of 1945 or under the Act approved June 28, 1935, P.L. 463,
or are currently in existence in and for the incorporating municipalities.
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A.
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Caln Municipal Authority
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B.
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East Caln Municipal Authority
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C.
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Uwchlan Township Municipal Authority
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D.
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West Whiteland Municipal Authority
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4.
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The names of the incorporating municipalities are the Borough of Downingtown
and the Townships of Caln, East Caln, Uwchlan and West Whiteland, Pennsylvania,
and the names and addresses of their respective municipal authorities (officials)
are as follows:
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[Here followed the names, addresses and offices of the members of the
municipal authorities for each of the above named municipalities.]
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5.
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The names, addresses, appointing municipality and terms of office of
the first members of the Board of said Authority, each being a citizen of
the incorporating municipality which appointed him are as follows:
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[Here followed the names, addresses, appointing municipality and term
of office of the first members of the first Board of Authority.]
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6.
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The governing body of each incorporating municipality shall be entitled
to appoint one member of the Board of the Authority. All vacancies on said
Board shall be filled by appointment by the governing body of the incorporating
municipality in whose representation the vacancy occurred. Such appointment
shall be for the balance of the predecessor member's term, if any, or
if none, for a full term of five years.
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7.
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No new types of projects, other than those listed in § 15-6 of this article under which the Authority was incorporated shall be undertaken by the Authority without prior approval of all the incorporating municipalities.
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8.
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The members of the Board of the Authority shall serve without compensation,
but may be reimbursed for expenses incurred in connection with their duties
as members of the Board.
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The member of the Board of said Authority who is named in the aforesaid
Articles of Incorporation as being appointed by this Township, is hereby specifically
appointed as a member of said Board for the term set after his name, commencing
on the date of appointment and computed from the first Monday of January,
1986.
The Chairman of the Board of Township Supervisors of this Township is
hereby authorized and directed to execute said Articles of Incorporation on
behalf of said Township, with such changes therein as the signer may approve,
and the Secretary or Assistant 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 (when they have been executed also by the officers of the
Townships of Caln, Uwchlan and West Whiteland and the Borough of Downingtown),
together with a certified copy of this article and required proofs
of publication, with the Secretary of the Commonwealth of Pennsylvania and
to take all such action as the may deem necessary or appropriate to establish
said Authority and carry out the intention of this article.
The initial project to be undertaken by said Authority is as follows:
to provide wastewater treatment facilities, transmission and distribution
facilities and systems by acquiring, holding, improving, maintaining and operating
such facilities and/or contracting with others for such facilities and with
respect thereto shall have all powers granted by the Act.
