[HISTORY: Adopted by the Board of Supervisors
of the Township of Hamilton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 103.
[Adopted 8-6-2007 by Ord. No. 115]
The Board of Supervisors of the Township of
Hamilton, in conjunction with the Borough of East Berlin, in the County
of Adams and the Commonwealth of Pennsylvania, hereby signifies its
intention and desire to organize a municipal authority under the provisions
of the Municipality Authorities Act, as amended, 53 Pa. C.S.A. §§ 5601-5622.
The Chairperson and Secretary of the Board of
Supervisors of Hamilton Township are hereby authorized and directed
to execute on behalf of the Township the Articles of Incorporation
for the Authority, a copy of which are attached hereto as Exhibit
A and made a part hereof.[1]
[1]
Editor's Note: Exhibit A is on file in the
Township's offices.
It is hereby specified that the purpose of the
Authority shall be to design, acquire, construct, convey, maintain,
reconstruct the water system and sewer system and to provide water
and sewer service to the duly constituted service area, as set forth
in the Articles of Incorporation.
The Board of Supervisors hereby appoints the
individual identified as the "Hamilton Township Appointee" in Exhibit
B to the Articles of Incorporation for the Authority, for the term
specified therein.
The Chairwoman and Secretary of the Board of
Supervisors of Hamilton Township are hereby authorized, empowered
and directed to execute the Articles of Incorporation on behalf of
the Township, in conjunction with the appropriate officials of the
Borough, and to file the same with the Secretary of the Commonwealth
of Pennsylvania, and to do all such things and to enter into such
agreements as may be permitted by law in the name of and on behalf
of the Township of Hamilton as may be necessary or expedient to carry
out and consummate the purposes of this article and creation of the
Authority.
The powers of the Authority shall be those prescribed
and duly set forth in the Municipality Authorities Act; provided,
however, that the Authority shall not be permitted to offer water
and/or sewer service or undertake any projects not located within
the service area of the Authority, as designated in the Articles of
Incorporation, without the consent of the Township and the Borough.
This article is deemed necessary by the Board
of Supervisors of the Township of Hamilton and found to be for the
benefit, convenience and for the preservation of public health, peace,
comfort, general welfare and safety of the citizens of the Township
of Hamilton.
Nothing herein contained shall limit the power
of the Township or the Board of Supervisors from undertaking similar
activities or exercising powers granted under the laws of the Commonwealth
of Pennsylvania, nor does this article repeal any existing promulgation
dealing with the subject matter contained herein.
The provisions of this article shall be severable,
and if any other provisions thereof shall be held to be unconstitutional,
such a decision shall not affect the validity of any other provisions
of this article. This hereby declared as a legislative intent that
the ordinance would have been adopted had such unconstitutional provisions
not been included therein.
