[HISTORY: Adopted by the Board of Supervisors
of the Township of East Whiteland as indicated in article histories.
Amendments noted where applicable.]
[1]
Editor’s Note: Former Art. I, East Whiteland Municipal
Authority, adopted 7-5-1967 by Ord. No. 32-67, as amended, was repealed
7-8-2015 by Ord. No. 269-2015.
[Adopted 12-9-1985 by Ord. No. 76-85]
The Board of Supervisors of the Township of
East Whiteland, Chester County, Pennsylvania, constituting the Municipal
Authority of the said Township as defined in the Act of Assembly known
as the "Municipality Authorities Act of 1945," P.L. 382,[1] hereby signifies its intention to organize, together with
the Board of Supervisors of the Township of Tredyffrin, an Authority
under the provisions of the said Act of Assembly, its supplements
and amendments.
[1]
Editor's Note: See 53 P.S. § 301
et seq.
In pursuance of said intention, the Articles
of Incorporation of the said Authority are hereby approved by the
Board of Supervisors on behalf of the said Township in the following
form:
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(a)
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The name of the Authority is EAST WHITELAND
- TREDYFFRIN JOINT TRANSPORTATION AUTHORITY;
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(b)
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The said Joint Authority is formed under the
Municipality Authorities Act of 1945, approved May 2, 1945, P.L. 382,
as amended;
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(c)
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No other Authority has been organized under
said Municipality Authorities Act of 1945, as amended, or under the
Act of June 28, 1935, P.L. 463, and is in existence in or for the
incorporating municipalities, except:
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Tredyffrin Township Municipal Authority, organized
by the Township of Tredyffrin and incorporated on June 22, 1959; and
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East Whiteland Municipal Authority, organized
by the Township of East Whiteland and incorporated on August 10, 1967.
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(d)
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The names of the incorporating municipalities
are Township of East Whiteland and Township of Tredyffrin.
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The names and addresses of the municipal authorities
of said municipalities are:
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TOWNSHIP OF TREDYFFRIN
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BOARD OF SUPERVISORS
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Office
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Name
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Address
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Chairman of the Board of Supervisors
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Lee F. Seybert
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4 Lizbeth Lane
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Berwyn, PA 19312
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Vice-Chairman of the Board of Supervisors
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Tracy C. Massey
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Yellow Springs Road
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P.O. Box 965
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Paoli, PA 19301
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Supervisor
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Herbert W. Greenwood
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317 McMull Drive
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Wayne, PA 19087
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Supervisor
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Herbert G. Keene, Jr.
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234 West Valley Road
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Wayne, PA 19087
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Supervisor
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Wm. Scott Magargee, III
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661 Timber Lane
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Devon, PA 19333
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Supervisor
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Paul W. Olson
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432 Schoolhouse Lane
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Devon, PA 19333
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Supervisor
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Donald C. Smith
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589 Walker Road
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Wayne, PA 19087
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TOWNSHIP OF EAST WHITELAND
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BOARD OF SUPERVISORS
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Chairman of the Board of Supervisors
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Harold F.E. Jeunet
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412 Conestoga Road
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Frazer, PA 19355
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Vice-Chairman of the Board of Supervisors
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John J. Finn
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9 Woodcrest Lane
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Frazer, PA 19355
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Supervisor
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Florence D. Hunt
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31 Wood Lane
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Frazer, PA 19355
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(e)
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Composition of Board of Joint Authority.
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(1)
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The Board shall consist of five members. Two
members shall be appointed by the Board of Supervisors of the Township
of East Whiteland. Two members shall be appointed by the Board of
Supervisors of the Township of Tredyffrin. One member shall be mutually
agreed upon and appointed jointly by the Boards of Supervisors of
both the Township of East Whiteland and the Township of Tredyffrin.
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(2)
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Each member shall be a taxpayer in, maintain
a business in, or be a citizen (resident) of either the Township of
Tredyffrin or the Township of East Whiteland, but no more than one
(1) nonresident may be appointed to the Board.
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(3)
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The term of office for each member of the Board
of the Joint Authority shall commence as of the date of appointment
and shall be for a term as indicated in paragraph (4) below from the
first Monday in January next succeeding the date of incorporation
of the Joint Authority.
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(4)
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The names, addresses, appointing municipalities,
and terms of office of the first members of the Board of the Joint
Authority are:
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Name
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Address
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Appointing Municipality
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Term of Office
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Barney Bus
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768 N. Wayne Ave.
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Tredyffrin and
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1 Year
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Wayne, PA 19087
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East Whiteland
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Robert P. Style
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8 Toms Circle
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East Whiteland
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2 Years
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Malvern, PA 19355
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Paul R. Staley
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345 New Market Crt.
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Tredyffrin
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3 Years
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Wayne, PA 19087
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Donald R. Loudin
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41 Birch Rd.
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East Whiteland
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4 Years
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Malvern, PA 19355
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William F. Drake, Jr.
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Millstream, R.D.3,
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Tredyffrin
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5 Years
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Box 98
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Malvern, PA 19355
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(5)
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Upon the expiration of the term of any member,
the Board of Supervisors of the Township which has the power of appointment
shall appoint a member of the Board for a term of five years from
the date of expiration of the prior term. Any vacancy on the Board
shall be filled (for the unexpired term) by the Board of Supervisors
of the Township in the representation of which the vacancy occurs.
One Seat on the Board shall continue to be held jointly by the Townships
of Tredyffrin and East Whiteland and all subsequent appointments to
this seat shall be made by mutual agreement of the Boards of Supervisors
of such Townships. Elected or appointed officials of either the Township
of Tredyffrin or the Township of East Whiteland shall not be eligible
for appointment to the seat held jointly by such Township.
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(6)
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The members of the Board of the Joint Authority
shall serve without compensation, but may be reimbursed for expenses
incurred in connection with their duties as members of the Board.
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(f)
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The existence of the Joint Authority shall commence
on the date of issuance of the Joint Authority's certificate of incorporation
by the Secretary of the Commonwealth of Pennsylvania, and shall expire
upon final payment on the Bonds or other indebtedness issued by the
Joint Authority to finance or refinance the projects described in
paragraph (g) below. The term of existence of the Joint Authority
shall only be extended as provided in articles of amendment filed
with and approved by the Secretary of the Commonwealth pursuant to
applicable provisions of the Municipality Authorities Act of 1945,
as amended.
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(g)
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The Joint Authority is organized in order to
finance, acquire, hold, construct, improve, maintain, operate, own
and lease, either as lessor or lessee, either individually or by agreement
with any other corporation, municipality, authority or the Commonwealth
of Pennsylvania (including its departments and agencies), transportation
facilities or business improvement projects in the area property acquired
by the Authority or within the rights-of-way of local, state or federal
roadways including but not limited to, bridges, tunnels, highways,
parkways, local streets, roads, sidewalks, passageways, roadbeds,
traffic control systems, traffic distribution centers, parking spaces
and all facilities and rights-of-way necessary or incident thereto,
all as described in the plan approved by the governing bodies of the
incorporating municipalities pursuant to paragraph (h) hereto. To
these ends, the Joint Authority is authorized to exercise all those
powers enumerated in Section 5(B) of the Municipality Authorities
Act of 1945, as amended, and in the Transportation Partnership Act,
approved July 9, 1985, P.L. ____; provided, however, that the Joint
Authority shall comply with the procedures set forth in Section 4(E)
of the Municipality Authorities Act of 1945, as amended, prior to
its approval and implementation of any proposed project.
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(h)
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The Township of East Whiteland and the Township
of Tredyffrin have retained the right existing under the Municipality
Authorities Act of 1945, as amended, and under the Transportation
Partnership Act to approve the plan for improvements, together with
estimated costs and proposed methods of assessments, for any project
undertaken by the Joint Authority in the Transportation development
and Business Improvement District to be designated, or from time to
time redesignated, by the mutual agreement of the governing bodies
of the incorporating municipalities.
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The first members of the Joint Authority named
in the proposed Articles of Incorporation (and identified therein
as appointees of this Township) are hereby specifically appointed
members of said Board for the terms of office set forth after their
respective names.
The Chairman and members of the Board of Supervisors
of the Township of East Whiteland are hereby authorized and directed
to execute said Articles of Incorporation on behalf of said Township,
and the Secretary of the Township is authorized and directed to attest
said signatures and affix thereto the Seal of said Township, cause
a notice of intention to file said Articles of Incorporation to be
published once in the legal periodical of Chester County and once
in a newspaper published and of general circulation in such county,
and to file a certified copy of this article, together with proofs
of publication of the notice of the public meeting and the notice
of intention to file said Articles of Incorporation, with the Secretary
of the Commonwealth of Pennsylvania, accompanied by the required filing
fee as provided by said Municipality Authorities Act of 1945, its
supplements and amendments.
An order is to be drawn on the Treasurer of
said Township of East Whiteland to pay the required fee for filing
said Articles of Incorporation and the amount necessary to pay said
fee is hereby appropriated from the general treasury of the said Township
of East Whiteland.
