[HISTORY: Adopted by the Board of Supervisors of the Township of West Pike Run as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-19-1990 by Ord. No. 1990-9]
It is the desire of the Board of Supervisors of the Township of West Pike Run, Washington County, Pennsylvania, and the Board of Supervisors hereby signifies its intention to organize an Authority under the Municipality Authorities Act of May 2, 1945, P.L. 382, as amended.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The name of the proposed Authority shall be "West Pike Run Township Municipal Authority."
The following persons are hereby appointed members of the Board of West Pike Run Township Municipal Authority for the terms of office indicated:[1]
[1]
Editor's Note: A complete copy of Ord. No. 1990-9, which includes the names, addresses and terms of office of the appointed members, is on file in the Township offices.
Pursuant to said desire and intention of the Board of Supervisors and in conformance with the terms and provisions of said Municipality Authorities Act of 1945 and its amendments, the proposed Articles of Incorporation are hereby set forth in full, as follows:[1]
[1]
Editor's Note: Said Articles of Incorporation are on file in the Township offices.
The proposed Articles of Incorporation of said Authority shall be executed by and on behalf of the Township of West Pike Run by the Chairman of the Board of Supervisors, and the seal of said Township shall be thereto affixed and attested by the Township Secretary, and filed with the Secretary of the Commonwealth. The Solicitor is hereby authorized and directed to cause to be published the notice of intention to file the Articles of Incorporation with the Secretary of the Commonwealth as required by the aforementioned Act. No additional publication of this article is required.
[Adopted 2-12-2018 by Ord. No. 2018-1]
This article shall be known and cited as the "West Pike Run Township Water Authority Incorporation Ordinance."
It is the desire and intention of West Pike Run Township, a Second Class Township of the Commonwealth of Pennsylvania, and situated in Washington County, to organize an Authority under the Municipality Authorities Act of 1945, designated as Act No. 164, approved May 2, 1945,[1] together with all supplements thereof, and amendments thereto, for the purpose of exercising and enjoying all the powers of the Act or as amended.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53 P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19, 2001, P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The name of the proposed Authority is "West Pike Run Township Water Authority."
The proposed Articles of Incorporation of the Authority in full are as follows:[1]
MUNICIPAL AUTHORITY
ARTICLES OF INCORPORATION
TO THE
SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
In compliance with the Municipality Authorities Act of 1945, its supplements and amendments, of West Pike Run Township, situated in Washington County, Commonwealth of Pennsylvania, pursuant to this Ordinance duly adopted by the Township signifying its desire and intention to form an Authority, hereby certifies:
1.
The name of the Authority shall be "West Pike Run Township Water Authority."
2.
The Authority is formed under the Act of General Assembly of the Commonwealth, which was approved the 2nd day of May 1945, P.L. 382, as amended.
3.
No other Authority organized under the Act or under the Act approved the 28th day of June 1935, P.L. 463, is in existence or for the said incorporating municipality except the following: West Pike Run Municipal Authority.
4.
The purpose of the Authority is to construct or otherwise provide the facilities necessary to furnish water for the incorporating municipality and to such adjoining political subdivisions or areas as desire the service.
5.
The respective name of the incorporating municipality is West Pike Run Township.
6.
The names and addresses of the Board of Supervisors of West Pike Run Township are:
7.
This Authority is created to cover West Pike Run Township, the area adjacent thereto and any property which can be incorporated into said area for the purposes hereinafter set forth.
8.
The name of the incorporating municipality is West Pike Run Township and its address is 238 Pike Run Drive, Daisytown, Pennsylvania 15427. The names and addresses of its municipal authorities are as follows:
a)
West Pike Run Municipal Authority, PO Box 222, Daisytown, PA 15427, engaged in providing sewage disposal for the Township of West Pike Run and adjacent areas.
9.
The term of existence of the Authority is 50 years from the date of approval of these Articles of Incorporation.
10.
The membership of the Board of the Authority shall be chosen by the Board of Supervisors of West Pike Run Township.
11.
The names, addresses and terms of office of the members of the Board of said Authority are:
12.
West Pike Run Township retains the right under the Municipal Authorities Act of 1945 as amended, when necessary to approval any plan of the West Pike Run Township Water Authority.
[1]
Editor's Note: A complete copy of Ord. No. 2018-1 is on file in the Township offices, which includes the complete copy of the Articles of Incorporation, including Paragraph 6, below, with the names and addresses of the Board of Supervisors, and Paragraph 11, below, with the names, addresses, and terms of office of the members of the Board of the Authority, as set forth therein.
The Articles of Incorporation of the Authority, in substantially the form set forth in § 7-9 of this article, shall be executed on behalf of West Pike Run Township and under its municipal seal, attested by Secretary/Treasurer of West Pike Run Township, and on behalf of West Pike Run Township by the Chairwoman of the Board of Supervisors, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said Authority, in conformity with the Municipal Authorities Act of 1945, its supplements and amendments.
Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected. It is hereby declared that the intent of West Pike Run Township is that this article would have been adopted had such unconstitutional illegal or invalid sentence, clause, section or part thereof not been included herein.