[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. I, Art. 1, § 101, of the 1979 General
Laws of the Municipality of Tredyffrin]
The Board of Supervisors of the Township of Tredyffrin, 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," Pamphlet Laws 382,[1] hereby signifies its intention to organize an Authority under
the provisions of 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 said
Authority are hereby approved by the Board of Supervisors upon behalf of the
township in the following form:
A.
The name of the Authority shall be "Tredyffrin Township
Municipal Authority."
C.
No other Authority has been organized by the municipal
authority of the Township of Tredyffrin under the above Act of Assembly, as
supplemented and amended, or under the Act of Assembly known as "Municipality
Authorities Act of 1935," approved June 28, 1935, Pamphlet Laws 463, or is
in existence for the Township of Tredyffrin.[2]
E.
F.
The term of existence of Tredyffrin Township Municipal
Authority is hereby extended so as to extend to January 1, 2018.
A.
The first members of the Board of Tredyffrin Township
Municipal Authority named in the proposed Articles of Incorporation are hereby
specifically appointed members of said Board for the terms of office set after
their respective names, which terms shall commence on the date of approval
hereof and shall be computed from January 1, 1960.
B.
The number of members of the Authority to be appointed
by the Board of Supervisors shall be set at seven members.
[Added 10-22-1984 by Ord.
No. HR-87]
Tredyffrin Township Municipal Authority is organized for all of the
purposes set forth in the Municipality Authorities Act of 1945, as amended,[1] and shall have all the powers granted in said Act.
[1]
Editor's Note: See 53 P.S. § 301 et seq.
The first project to be undertaken by the Authority shall be to acquire,
hold, construct, improve, maintain, operate, own and lease, either as lessor
or lessee, either individually or by agreement with any other Authority or
Authorities, any municipality or municipalities, sanitary sewers, sanitary
sewer systems, or parts thereof, sewage treatment works, including works for
treating and disposing of industrial wastes and property and equipment for
use in connection therewith for the Township of Tredyffrin and for such other
territory as it may be authorized to served, and said Authority shall not
undertake any other project or projects unless specifically authorized so
to do by ordinance of the Board of Supervisors of the Township of Tredyffrin.
[Added 10-22-1984 by Ord.
No. HR-87]
The second project to be undertaken by the Authority shall be to acquire,
hold, construct, improve, maintain, operate, own and lease, either as lessor
or lessee, either individually or by agreement with any other Authority or
Authorities, highway and transportation facilities, including but not limited
to bridges, tunnels, highways, parkways, traffic distribution centers, parking
spaces and all facilities necessary or incident thereto.
The Chairman and members of the Board of Supervisors of the Township
of Tredyffrin are hereby authorized and directed to execute said Articles
of Incorporation upon 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 proof of publication
of 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.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
An order is to be drawn on the Treasurer of said Township of Tredyffrin
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 said Township of Tredyffrin.
[Adopted 11-18-1985 by Ord.
No. HR-98 (Ch. I, Art. 1, § 104, of the 1979 General Laws of the
Municipality of Tredyffrin)]
The Board of Supervisors of the Township of Tredyffrin, Chester County,
Pennsylvania, constituting the municipal authority of the said township as
defined in the Act of Assembly known as the "Municipal Authorities Act of
1945," P.L. 382,[1] hereby signifies its intention to organize, together with the
Board of Supervisors of the Township of East Whiteland, an Authority under
the provisions of 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 said
Authority are hereby approved by the Board of Supervisors on behalf of the
township in the following form:
A.
The name of the Authority is "East Whiteland-Tredyffrin
Joint Transportation Authority."
C.
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:
D.
The names of the incorporating municipalities are Township
of East Whiteland and Township of Tredyffrin.
F.
Composition of Board of Joint Authority.
(1)
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 of the Township of East Whiteland and
the Township of Tredyffrin.
(2)
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 nonresident may be appointed
to the Board.
(3)
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 Subsection F(4) below from the first Monday in January next succeeding the date of incorporation of the Joint Authority.
(5)
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 townships.
(6)
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.
G.
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 Subsection H 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 Municipal Authorities Act of 1945, as amended.[4]
[4]
Editor's Note: See 53 P.S. § 301 et seq.
H.
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 known as the "Route 29 Corridor," either on 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 incorporating municipalities pursuant to Subsection I hereto. To these ends, the Joint Authority is authorized to exercise all those powers enumerated in Section 4(B) of the Municipality Authorities Act of 1945, as amended, and in the Transportation Partnership Act, approved July 9, 1985;[5] 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.
[5]
Editor's Note: See 53 P.S. § 301 et seq. and 53 P.S. § 1621
et seq., respectively.
I.
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[6] to approve the plan for improvements, together with estimated
costs and proposed method 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 governing
bodies of the incorporating municipalities.
[6]
Editor's Note: See 53 P.S. § 301 et seq. and 53 P.S. § 1621
et seq., respectively.
J.
The Tredyffrin Township Municipal Authority shall have
all the powers provided by the Municipality Authorities Act of 1945, approved
May 2, 1945, P.L. 382, as amended,[7] including, without limitation, the power to provide business improvements
and administrative services as provided in Section 4(B)(w) of said Act.
[Added 5-17-1993 by Ord.
No. HR-204]
[7]
Editor's Note: See 53 P.S. § 301 et seq.
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 Tredyffrin 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 Commonwealth of Pennsylvania,
accompanied by the required filing fee as provided by said Municipality Authorities
Act of 1945, its supplements and amendments.[1]
[1]
Editor's Note: See 53 P.S. § 301 et seq.
An order is to be drawn on the Treasurer of said Township of Tredyffrin
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 Township of Tredyffrin.
