[HISTORY: Adopted by the Council of the Borough
of Lititz 8-17-1961, approved 8-17-1961.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 100.
[1]
Editor's Note: This chapter was adopted and
approved 8-17-1981 as part of Ord. No. C-1, which ordinance adopted
the prior codification of the Borough of Lititz. Ord. No. C-197, adopted
and approved 1-25-1977, which ordinance authorizes an agreement and
the form thereof between Lititz Sewer Authority and the Warwick Township
Municipal Authority with respect to collection, treatment and disposal
of sewage and industrial waste; an agreement of lease, dated as of
2-1-1951, by and between Lititz Sewer Authority and the Borough of
Lititz with respect to the lease of certain tracts of land and Interests
in land heretofore acquired by the Authority; and a supplemental agreement
of lease, dated as of 10-1-1952, providing for additional security
for bonds already issued and outstanding under the original indenture
and additional bonds to be issued thereunder by extending the term
of the original lease and by the payment of additional rental were
deleted from the Code during codification and are on file in the office
of the Borough Secretary.
The corporate and municipal authorities of the
Borough of Lititz, Lancaster County, Pennsylvania, a municipality,
do hereby signify and express their intention and desire to organize
the Lititz Sewer Authority under the Act of May 2, 1945, P.L. 382,
as amended,[1] for the purpose of constructing, improving, maintaining,
operating, owning or leasing sewers, sewer systems or parts thereof
and sewage treatment works.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The President and Secretary of the Borough Council
of the Borough of Lititz are hereby authorized and directed to execute
on behalf of the Borough of Lititz the Articles of Incorporation of
said Lititz Sewer Authority, which Articles of Incorporation shall
be as follows:
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ARTICLES OF INCORPORATION
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TO THE DEPARTMENT OF STATE - COMMONWEALTH
OF PENNSYLVANIA
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In compliance with the requirements of the Municipal
Authorities Act, being the Act of May 2, 1945, P.L. 382, as amended,
the Borough of Lititz, Lancaster County, Pennsylvania, desiring to
incorporate the Lititz Sewer Authority, does hereby certify:
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1.
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The name of the Authority is Lititz Sewer Authority.
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2.
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Said Lititz Sewer Authority is formed under
the Act of May 2, 1945, P.L. 382, as amended.
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3.
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No other authority is in existence in or for
the Borough of Lititz, the incorporating municipality herein, either
under the Act of May 2, 1945, P.L. 382, as amended, or the Act of
June 28, 1935, P.L. 463, as amended,_ or under any other Act of Assembly.
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4.
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The name of the incorporating municipality is
Borough of Lititz, Lancaster County, Pennsylvania. The names and addresses
of the municipal authorities are as follows:
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Burgess: Victor Wagner, Lititz, Pa.
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President of Council: Harry R. Way, Lititz,
Pa.
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Secretary of Borough Council: Elam E. Habecker,
Lititz, Pa.
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Councilmen:
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Elmer H. Bomberger, Lititz, Pa.
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Frank Ditzler, Lititz, Pa.
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C. H. Nissley, Lititz, Pa.
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Thomas W. Steffy, Lititz, Pa.
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Harry R. Way, Lititz, Pa.
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5.
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The names, addresses and term of office of the
first members of the Board of said Authority are as follows:
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Name
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Addresses
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Term of Office
(years)
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Norman Badorf
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Lititz, Pa.
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1
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Newton W. Buch
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Lititz, Pa.
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2
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Owen Hershey
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Lititz, Pa.
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3
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H. Lloyd Hess
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Lititz, Pa.
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4
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J.M. Leed
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Lititz, Pa.
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5
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In witness whereof, the Borough of Lititz has
executed these Articles of Incorporation, under its municipal seal,
this 26th day of August, A. D. 1947.
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BOROUGH OF LITITZ
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By Harry R. Way
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President of Borough Council
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Attest: E. E. Habecker
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Secretary of Borough Council
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Commonwealth of Pennsylvania
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County of Lancaster
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SS:
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Be it remembered that on this 26th day of August,
A. D. 1947, before me a notary public in and for the County aforesaid,
personally appeared Harry R. Way, President of the Borough Council
of the Borough of Lititz, and Elam E. Habecker, Secretary of the Borough
Council of the Borough of Lititz, who being severally duly affirmed
according to law did dispose and say that they were personally present
at the execution of the foregoing Articles of Incorporation and saw
the municipal seal of the Borough of Lititz; that the foregoing Articles
of Incorporation were duly signed, sealed and delivered, by and as
and for the act and deed of the Borough of Lititz, by the authority
and at the direction of the Borough Council of the Borough of Lititz,
pursuant to an ordinance, duly enacted and approved by the Burgess
of Lititz Borough on the 26th day of August A. D. 1947; and that the
names of Harry R. Way, as president of Borough Council and of Elam
E. Habecker, as Secretary of Borough Council of the Borough of Lititz,
subscribed thereto, are in their proper respective handwritings.
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HARRY R. WAY
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ELAM E. HABECKER
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Affirmed and subscribed to before me this 26th
day of August, A. D. 1947
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M.E. STAUFFER
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Notary Public
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6.
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The term of existence of said Authority shall
be 50 years from the date of approval of these Articles of Amendment
to the Articles of Incorporation. (See Ordinance No. C-160,[1] entitled "Adopting a Resolution Submitted to Said Council
by Lititz Sewer Authority, Pursuant to the Provisions of the Act of
Assembly of the Commonwealth of Pennsylvania, Approved May 2, 1945,
P.L. 382, as Amended, Proposing to Amend the Articles of Incorporation
of Said Authority by Extending the Term of Its Corporate Existence,"
enacted by Council of the Borough of Lititz October 29, 1974, and
approved by the Mayor on October 29, 1974.)
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[1]
Editor's Note: The provisions of this ordinance
extended the term of the authority for a period of 50 years beginning
10-29-1974.
The President and Secretary of the Borough Council
of the Borough of Lititz are hereby authorized and directed to execute
and file Articles of Incorporation for the Lititz Sewer Authority,
as and for the act and deed of the Borough of Lititz, and to do any
and all things necessary, appropriate and proper, in their several
judgments, or in the judgment of the Borough Solicitor of the Borough
of Lititz, to lawfully effect the incorporation of said Lititz Sewer
Authority.[1]
[1]
Editor's Note: Original Article 8.2, Assignment
of Right-of-Way to Sewer Authority; Article 8.3, Authorization for
Lease to Operate Sewer System; and Article 8.4, Authorization for
Supplemental Lease, of the ordinance adopted and approved 8-17-1961
were deleted from the Code during codification and are on file in
the office of the Borough Secretary.
