[HISTORY: Adopted by the Borough Council of the Borough of New Freedom as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch. 172.
Water — See Ch. 212.
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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:
Articles of Incorporation
TO THE SECRETARY OF THE COMMONWEALTH/COMMONWEALTH OF PENNSYLVANIA:
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:
1.
The name of the Authority is New Freedom Borough Authority.
2.
The Authority is formed under the provisions of the Act of May 2, 1945, P.L. 382, as amended.
3.
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.
4.
The name of the incorporating municipality is the Borough of New Freedom, in York County, Pennsylvania.
5.
The names and addresses of its municipal authorities are as follows: . . . [omitted from codification]
6.
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]
7.
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.
8.
The term of existence of the New Freedom Borough Authority shall be for a period ending on December 31, 2017.[1]
[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.