[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen as indicated in article histories.
Amendments noted where applicable.]
[Adopted by the Board of Commissioners of the Township of
Lower Allen 6-10-1985 (Art. 131
of the 1985 Code of Ordinances)]
The Board of Commissioners of the Township of
Lower Allen, Cumberland County, Pennsylvania, hereby signifies its
intention and desire to organize an Authority under the provisions
of the Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities
Act of 1945,"[1] its amendments and supplements, for the purpose of exercising
any and all powers conferred by said Act.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601
et seq.
The President and the Secretary of the Board
of Commissioners are hereby authorized and directed to execute, on
behalf of the Township of Lower Allen, Cumberland County, Pennsylvania,
Articles of Incorporation for said Authority, in substantially the
following form.[1]
[1]
Editor's Note: Said Articles of Incorporation
are on file in the Township offices.
The President and Secretary of the Board of
Commissioners further are directed to cause a notice of the substance
of this chapter, including the substance of the above Articles of
Incorporation and of the proposed filing of the above Articles, to
be published once in a newspaper published and of general circulation
in the County of Cumberland, and in the Cumberland Law Journal, as
required by the said Municipality Authorities Act of 1945, as amended
and supplemented.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601
et seq.
The President and Secretary of the Board of
Commissioners further are directed to cause said Articles of Incorporation,
together with the necessary proofs of publication, to be filed with
the Secretary of the Commonwealth and to do all other acts and things
necessary or appropriate to effect the incorporation of the Lower
Allen Township Authority, including the payment of any filing fees
in connection therewith.
The following named persons be and they hereby
are appointed as the first members of the Board of the Authority,
for the following terms of office.[1]
[1]
Editor's Note: Here followed the names of the original members
of the Lower Allen Township Board. The omitted information may be
found in the original copy of Art. 131 of the 1985 Code of Ordinances,
on file in the Township offices.
The adoption of this chapter 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 Township of Lower Allen, Cumberland County, Pennsylvania.
The project which shall be undertaken by the
Lower Allen Township Authority is to acquire, hold, construct, improve,
maintain, operate, own, lease, either as lessor or as lessee, sewers,
sewer systems and sewage treatment works, for the Township of Lower
Allen and for such other territory as it may be authorized to serve.
[Adopted 8-27-2018 by Ord. No. 2018-06]
The Board of Commissioners of the Township of Lower Allen, Cumberland
County, Pennsylvania, hereby expresses its intention to organize a
Stormwater Authority under the provisions of the Municipality Authorities
Act (as amended) 53 Pa.C.S.A. § 5607(a)(18). The Board of
Commissioners retains the right to approve any plan of the Authority.
The purposes of the Lower Allen Township Stormwater Authority
are to acquire, hold, construct, improve, maintain, operate, own and
lease either in the capacity of lessor or lessee, stormwater systems
or parts thereof, including the planning, management and implementation
of stormwater systems.
The President and the Secretary of the Board of Commissioners
are hereby authorized and directed to execute on behalf of the Township
of Lower Allen, Cumberland County, Pennsylvania, Articles of Incorporation
for said Authority.
The President and Secretary of the Board of Commissioners are
directed to cause a notice of the substance of this chapter, including
the proposed Articles of Incorporation, and the proposed filing of
the above Articles to be published once in the newspaper, published
in general circulation in the County of Cumberland, and in the Cumberland
County Law Journal as required by the Municipality Authorities Act
(as amended).[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
The President and Secretary of the Board of Commissioners are
further directed to cause such Articles of Incorporation, together
with the necessary proofs of publication to be filed with the Secretary
of the Commonwealth, to do all the acts necessary to effect the incorporation
of the "Lower Allen Township Stormwater Authority," including the
payment of any filing fees in connection therewith.
The following named persons are hereby appointed as the first
members of the Board of the Authority for the following term of office.[1]
[1]
Editor's Note: The names of the first members of the Board
of the Authority are on file in the Township offices.
The provisions of this article, as far as they are the same
as those of ordinances in force immediately prior to the enactment
of this article, are intended as a continuation of such ordinances
and not as new enactments. The provisions of this article shall not
affect any such suit or prosecution pending, or to be instituted to
enforce any right or penalty, or to punish any offense under the authority
of any ordinance repealed by this article.
The provisions of this article are severable, and if any of
its provisions shall be held to be unconstitutional, illegal, or invalid,
such decision shall not affect the validity of any of the remaining
provisions of this article. It is hereby declared as a legislative
intent that this article would have been adopted had such unconstitutional,
illegal or invalid provision not been included herein.
This article shall take effect immediately.
