[Ord. 797, 6/3/1999, § 1]
Borough Council signifies the intention and desire to join with
the Township of Mount Joy and the Township of West Donegal to organize
an authority under the Pennsylvania Municipality Authorities Act of
1945, approved May 2, 1945, P.L. 382, known as the Municipality Authorities
Act of 1945, as amended and supplemented (the "Act"), for the purposes
of exercising any and all powers conferred by the Act.
[Ord. 797, 6/3/1999, § 2]
The President of Borough Council and the Secretary, respectively,
of the Borough are authorized and directed to execute, in behalf of
the Borough, Articles of Incorporation for said authority, in substantially
the following form:
ARTICLES OF INCORPORATION
TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA:
In compliance with requirements of the Acts of Assembly, approved
May 2, 1945, P.L. 382, as amended and supplemented, known as the Municipality
Authorities Act of 1945, and pursuant to ordinances duly enacted by
the municipal authorities of the Borough of Elizabethtown and the
Townships of Mount Joy and West Donegal, all located in Lancaster
County, Pennsylvania, expressing the intention and desire of the municipal
authorities of said municipalities to organize an authority, jointly,
under provisions of said Municipality Authorities Act of 1945, said
municipalities certify:
1.
The name of the authority is "Elizabethtown Area Regional Authority."
2.
The authority is formed under said Municipality Authorities Act of
1945, as amended and supplemented.
3.
No other authority has been organized under provisions of the Act
of Assembly, approved May 2, 1945, P.L. 382, as amended and supplemented,
known as the Municipality Authorities Act of 1945, or under provisions
of the Act of Assembly approved June 28, 1935, P.L. 463, as amended
and supplemented, and is in existence in or for the incorporating
municipalities, except that:
A.
The Township of Mount Joy heretofore organized "Mount Joy Township
Authority," under the provisions of said Municipality Authorities
Act of 1945, as amended and supplemented.
B.
The Township of West Donegal heretofore organized "West Donegal Township
Authority" under the provisions of said Municipality Authorities Act
of 1945, as amended and supplemented.
C.
The Borough of Elizabethtown, the Township of Mount Joy and the Township
of West Donegal, together with the Township of Conoy, Lancaster County,
heretofore organized the Elizabethtown Area Community Services Authority.
5.
The names and addresses of the municipal authorities of said incorporating
municipalities are: [Here followed the names and addresses of the
municipal authorities of said incorporating municipalities.].
6.
The members of the Board of the authority shall be nine in number
and shall be apportioned as follow:
7.
The names, addresses and terms of office of the first members of
the Board of the authority, each of whom is a citizen of the incorporating
municipality by which he is appointed, are as follows: [Here followed
the names, addresses and terms of offices of the first members of
the Board of authority.].
[Ord. 797, 6/3/1999, § 3]
The President of Borough Council and the Secretary, respectively,
of the Borough further are directed to cause notice of the substance
of this Part, including the substance of the foregoing Articles of
Incorporation, and of the proposed filing of such Articles of Incorporation
to be published as required by the Act.
[Ord. 797, 6/3/1999, § 4]
The President of Borough Council and the Secretary, respectively,
of the Borough further are directed to cause such Articles of Incorporation,
together with the necessary proofs of publication, to be filed with
the Secretary of the Commonwealth of Pennsylvania, and to do all other
acts and things necessary or appropriate to effect the incorporation
of such joint authority, including payment of any filing fees required
in connection therewith.
[Ord. 797, 6/3/1999, § 5]
The Board of the authority shall consist of nine members, three
of whom are appointed by the Borough of Elizabethtown, three of whom
are appointed by the Township of Mount Joy and three of whom are appointed
by the Township of West Donegal.
[Ord. 797, 6/3/1999, § 6]
The enactment of this Part is deemed necessary for the benefit
and preservation of the public health, peace, comfort and general
welfare of and will increase the prosperity of the citizens of this
Borough.
