[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-28-1948 (Ch. 1, Part 3A, of the 1983 Code of
Ordinances)]
The Council signifies its intention and desire
to organize an authority under the provisions of 53 Pa.C.S.A. §
5601 et seq.
[Amended 3-11-1968 by Ord. No. 1968-2]
The Mayor, the President of the Borough Council
and the Secretary are authorized and directed to execute on behalf
of the Borough of New Freedom, Articles of Incorporation for the Authority,
in substantially the following form:
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Articles of Incorporation
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TO THE SECRETARY OF THE COMMONWEALTH/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," as amended, the Council of the Borough of New Freedom in York
County, Pennsylvania, desiring to incorporate an Authority, does certify:
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1.
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The name of the Authority is New Freedom Borough
Authority.
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2.
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The 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, or under the Act of December 27, 1933 (Special Session,
1933, P.L. 114) is in existence in or for the incorporating municipality,
the Borough of New Freedom.
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4.
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The name of the incorporating municipality is
the Borough of New Freedom, in York County, Pennsylvania.
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5.
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The names and addresses of its municipal authorities
are as follows: . . . [omitted from codification]
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6.
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The names, addresses and term of office of the
first members of the Borough of the Municipal Authority to be formed
hereby are as follows: . . . [omitted from codification]
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7.
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The ordinance authorizing the creation of the
Authority certified from the records of the Borough of New Freedom,
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 New Freedom Borough
Authority shall be for a period ending on December 31, 2017.[1]
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[1]
Editor's Note: Following Paragraph 5 of the
Articles was a listing of the principal officers of the Borough at
the time of enactment of the Ordinance of 6-28-1948. Following Paragraph
6 were the names, addresses and terms of office of the first members
of the Board of the Authority.
The project which shall be undertaken by the
Authority is: to acquire, hold, construct, improve, maintain, operate,
own, lease, either as lessor or as lessee, waterworks, water supply,
and water distribution systems for the Borough of New Freedom and
for such other territory as it may be authorized to serve.
[Added 9-28-1971 by Ord. No. 1971-2]
Council specifies an additional project to be
undertaken by the Authority to be the acquiring, holding, constructing,
improving, maintaining and operating, owning and leasing, either in
the capacity of lessor or lessee, sewers, sewer systems or parts of
them and sewage treatment works, including works for treating and
disposing of industrial waste.
[Adopted 10-20-1971 by Ord. No. 1971-6 (Ch. 8, Part 2, of the 1983 Code of Ordinances)]
The Borough grants to the Authority, its successors
and assigns, all easements, rights-of-way and other rights necessary
and desirable in, along, over and under streets, roads, lanes, courts,
culs-de-sac, alleys, public ways, public squares and other properties
of the Borough, together with free ingress, egress and regress therein
and thereto, along with other persons having interests or rights therein,
for use in connection with constructing, replacing, repairing, altering
and maintaining the sewer system to be acquired and constructed by
the Authority, as it shall exist, from time to time.
The rights and privileges granted to the Authority under § 8-5 shall be exercised by the Authority under and subject to reasonable rules, regulations and conditions as shall be adopted and specified, from time to time, by resolution or ordinance of the Borough, and the Borough reserves the right to adopt and specify, from time to time, reasonable rules, regulations and conditions in connection with exercise by the Authority of these rights and privileges.
