Township of East Earl, PA: Weaverland Valley Authority

[Adopted 3-8-2016 by Ord. No. 196]

It is the desire and intention of the Township Board of Supervisors to organize a joint municipal authority together with the Borough of Terre Hill in compliance with requirements of Pennsylvania's Municipality Authorities Act, 53 Pa.C.S.A. Chapter 56, 53 Pa.C.S.A. § 5601 et seq., as amended (herein also referred to as "MAA"), for the purposes of exercising any and all powers conferred on municipal authorities by the MAA, including, without limitation, the projects referred to in § 12-6 of this article and any other joint future projects mutually requested by the municipalities to be undertaken by the WVA.

§ 12-2 Name.

The name of the proposed joint municipal authority shall be as follows: Weaverland Valley Authority.

§ 12-3 Articles of Incorporation.

The proposed Articles of Incorporation to be filed for the WVA shall be substantially as follows:

Articles of Incorporation of the
WEAVERLAND VALLEY AUTHORITY
In compliance with requirements of the Municipality Authorities Act, 53 Pa.C.S.A Chapter 56, 53 Pa.C.S.A. § 5601 et seq., as amended (herein also referred to as "MAA"), and pursuant to an ordinance enacted by each of East Earl Township (herein also referred to as "Township") and Terre Hill Borough (herein also referred to as "Borough") (the Township and Borough jointly herein also referred to as "municipalities"), both of Lancaster County, Pennsylvania, expressing the intention and desire of the municipalities to organize a joint municipal authority under the MAA, said incorporating municipalities do hereby certify as follows:
ARTICLE 1
The name of the joint municipal authority (herein also referred to as "Authority") shall be as follows:
WEAVERLAND VALLEY AUTHORITY
ARTICLE 2
The address of the Authority's original and current registered principal office shall be 4610 Division Highway, East Earl, PA 17519.
ARTICLE 3
The Authority is formed under the Municipality Authorities Act, 53 Pa.C.S.A. Chapter 56, 53 Pa.C.S.A. § 5601 et seq., as amended.
ARTICLE 4
No other municipal authorities:
(a)	Have been organized by the Township or the Borough under the MAA or its predecessors, including, without limitation, Pennsylvania's Act of May 2, 1945, P.L. 382, also known as the "Municipality Authorities Act of 1945," as amended, or the Pennsylvania Act of June 28, 1935, P.L. 463, as amended; and
(b)	Are currently in existence in or for either of the incorporating municipalities, except as follows:
Formed by the Township:
	East Earl Sewer Authority 4610 Division Highway East Earl, PA 17519
	The Blue Ball Water Authority 4610 Division Highway East Earl, PA 17519
Formed by the Borough:
	Terre Hill Borough Authority 300 Broad Street P.O. Box 250 Terre Hill, PA 17581
ARTICLE 5
The incorporating municipalities are as follows:
	East Earl Township 4610 Division Highway East Earl, PA 17519
	Terre Hill Borough 300 Broad Street P.O. Box 250 Terre Hill, PA 17581
ARTICLE 6
The names and addresses of the officers and other members of the incorporating municipalities are as follows:
Officers and members of the East Earl Township Board of Supervisors:
Chairman and Member		Earl H. Kreider		125 Ewell Road East Earl, PA 17519
Vice Chairman and Member		Justin M. Sauder		443 Linden Road East Earl, PA 17519
Member		Nelson R. Groff		203 Musser Road East Earl, PA 17519
Secretary and Treasurer (appointed)		Connie J. Gross		107 Meadow View Drive Leola, PA 17540
Mayor, Officers, and Members of the Terre Hill Borough Council:
Mayor		Robert R. Rissler		211 College Avenue P.O. Box 475 Terre Hill, PA 17581
President and Member		Jeffrey A. Cassel		107 North Hill Road P.O. Box 573 Terre Hill, PA 17581
Vice President and Member		Leonard E. Pierce		412 West Main Street P.O. Box 67 Terre Hill, PA 17581
Member		Darrell Becker		407 East Main Street East Earl, PA 17519
Member		Willard L. Good		113 Vine Street P.O. Box 214 Terre Hill, PA 17581
Member		Gary L. Hartranft		319 Broad Street P.O. Box 181 Terre Hill, PA 17581
Member		Raymond K. Newswanger		223 Lancaster Avenue P.O. Box 493 Terre Hill, PA 17581
Member		James Wetzel		112 North Hill Road P.O. Box 71 Terre Hill, PA 17581
Secretary and Treasurer (appointed)		Valerie A. Gregory		329 Farm View Drive East Earl, PA 17519
ARTICLE 7
The Board of the Authority shall consist of eight members. The municipalities each shall appoint four of the eight members on the Board. The names, addresses, and initial terms of office of the initial Authority board members, each of whom 1) is a taxpayer in, maintains a business in, or is a citizen of the incorporating municipality by which such individual is appointed, or 2) is a taxpayer in, maintains a business in, or is a citizen of a municipality into which one or more of the projects of the Authority extends or is to extend (or to which one or more projects has been or is to be leased), are as follows:
Scot T. Ash		1238 Shetland Circle East Earl, PA 17519		2 years (appointed by the Township)
Robert Jackson		414 Fairview Street East Earl, PA 17519		1 years (appointed by the Borough)
Harold Kilhefner		200 New Street P.O. Box 303 Terre Hill, PA 17581		5 years (appointed by the Borough)
Scott C. Marburger		1232 Shetland Circle East Earl, PA 17519		4 years (appointed by the Township)
Randy Miller		1330 Union Grove Road Terre Hill, PA 17581		3 years (appointed by the Borough)
Leonard E. Pierce		412 West Main Street P.O. Box 67 Terre Hill, PA 17581		4 years (appointed by the Borough)
Kenneth R. Witmer		1323 Black Sheep Circle East Earl, PA 17519		5 years (appointed by the Township)
Jerrene Zimmerman		4440 Division Hwy. East Earl, PA 17519		3 years (appointed by the Township)
ARTICLE 8
To the extent that the Authority's bylaws or other governing documents ever conflict with these Articles of Incorporation, these Articles shall supersede said conflicting provisions and shall control.
IN WITNESS WHEREOF, the Township and the Borough have caused these Articles of Incorporation to be executed by their respective Chairman and President of their governing bodies and to be attested to by their respective Township and Borough Secretaries; and have further caused the Official Seals of the Township and the Borough to be affixed hereto, on March 8, 2016.
ATTEST:			EAST EARL TOWNSHIP,
			Lancaster County, Pennsylvania
__________			By: __________
Connie J. Gross			Earl H. Kreider
Township Secretary			Board of Supervisors Chairman
ATTEST:			TERRE HILL BOROUGH,
			Lancaster County, Pennsylvania
__________			By: __________
Valerie A. Gregory			Jeffrey A. Cassel
Borough Secretary			Borough Council President
COMMONWEALTH OF PENNSYLVANIA			} ss:
COUNTY OF LANCASTER
On March _____, 2016, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Earl H. Kreider, who acknowledged himself to be the Chairman of the Board of Supervisors of East Earl Township, of Lancaster County, Pennsylvania; and that as such officer, being authorized to do so, executed the foregoing instrument for the purposes contained therein by signing the name of the Township as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and Official Seal.
			__________ (SEAL)
			Notary Public
COMMONWEALTH OF PENNSYLVANIA			} ss:
COUNTY OF LANCASTER
On March _____, 2016, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Jeffrey A. Cassel, who acknowledged himself to be the President of the Borough Council of Terre Hill Borough, of Lancaster County, Pennsylvania; and that as such officer, being authorized to do so, executed the foregoing instrument for the purposes contained therein by signing the name of the Borough as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and Official Seal.
			__________ (SEAL)
			Notary Public
			APPROVED AND FILED in the Commonwealth of Pennsylvania Department of State on the _____ day of March 2016.
			_______________
			Secretary of the Commonwealth of Pennsylvania

§ 12-4 Authorization.

The officers of the Township are authorized and directed to execute under its corporate seal the Articles of Incorporation of the proposed WVA in substantially the same form described in this article, and such officers are authorized, empowered, and directed to do any and all acts necessary or appropriate to effect the incorporation of and establish the proposed WVA in conformity with the provisions of the MAA, this article, and the WVA's Articles of Incorporation.

§ 12-5 Members.

The following persons are appointed by the Township to serve on the initial Board of the WVA and for the following terms of office:

Scot T. Ash	1238 Shetland Circle East Earl, PA 17519	2 years
Scott C. Marburger	1232 Shetland Circle East Earl, PA 17519	4 years
Kenneth R. Witmer	1323 Black Sheep Circle East Earl, PA 17519	5 years
Jerrene Zimmerman	4440 Division Hwy. East Earl, PA 17519	3 years

§ 12-6 Powers conferred.

The WVA may exercise any and all powers conferred on authorities by the MAA, including, without limitation, assuming and providing all of the sewer and water services, operations, and projects of the existing authorities and the municipalities, and all other services, operations, and projects that the Township and Borough may mutually request by resolution that the WVA undertake from time to time in the future.

§ 12-7 Sewer and water services.

Within 30 days after the WVA notifies the Township, the Borough, and the existing authorities, in writing, that the WVA is prepared to assume and provide all of the sewer and water services, operations, and projects of each of the municipalities and the existing authorities, the municipalities and their existing authorities shall commence action to grant, convey, lease, or otherwise transfer as soon as possible by gift, dedication in lieu of condemnation, assignment, or other means or methods not requiring consideration other than nominal consideration to be paid by the WVA, all of the rights, titles, and freehold or lease interests in their respective sewer and water assets and liabilities (of any kind whatsoever and wheresoever located) with respect to the sewer and water services, operations, and projects then being provided by the municipalities and the existing authorities and that are to be assumed and provided by the WVA as contemplated by this article.

Said transfers and leases of said sewer and water assets and liabilities may be made directly by each of the municipalities or existing authorities to the WVA, through the municipalities to the WVA, or by any other means or methods agreed between the transferring party and the WVA or otherwise allowed by law.

After (1) the gift, conveyance, lease, or transfer to the WVA of all of each municipality's and their existing authority's sewer and water assets and liabilities and (2) the WVA assuming and providing all of the sewer and water services, operations, and projects of each such existing authorities and municipalities, each of such existing authority shall promptly cease all of its operations and effect action to dissolve same.

Each of the municipalities hereby appoints and recognizes the WVA as its exclusive agency to own and operate public sewer and water collection, treatment, and distribution facilities for each of the municipalities. Upon request of the WVA, each municipality shall enact and enforce mandatory connection and any other ordinances or resolutions needed by the WVA to provide the sewer and water services, operations, and projects to be assumed by and transferred to the WVA in accordance with this article.

Each of the municipalities hereby grants to the WVA the right to use the subsurface of its public streets, roads, easements, and rights-of-way for the pipes and related facilities of the WVA, subject to the provisions of this article. The WVA agrees to give reasonable advance notice to the affected municipality before opening any street, road, easement, or right-of-way, and to comply with the regular safety, repaving, and similar ordinances, rules, and regulations of such municipality.

Each municipality agrees to reasonably cooperate in joining, when necessary, in applications made by the WVA for governmental permits and approvals from other governments or agencies.

The Township and the Borough shall hold at least one meeting per fiscal year of the Authority, together with members of the WVA, to review the services, operations, and projects of the WVA provided to the citizens of the Township and Borough, and the WVA customers.

§ 12-8 Purpose.

The adoption of this article 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 both the Township and the Borough.