UPPERTYRONETOWNSHIP

FAYETTE COUNTY, PENNSYLVANIA

ORDINANCE NO. ______OF 2009

AN ORDINANCE OF THE TOWNSHIP OF UPPER TYRONE, FAYETTE COUNTY, PENNSYLVANIA, SIGNIFYING THE DESIRE AND INTENTION OF SAID TOWNSHIP TO ORGANIZE AN AUTHORITY UNDER THE MUNICIPALITY AUTHORITIES ACT OF MAY 2, 1945, P.L. 382, AS AMENDED, TO BE KNOWN AS “UPPER TYRONE TOWNSHIP SEWAGE AUTHORITY”; APPOINTING THE FIRST MEMBERS OF THE BOARD OF THE AUTHORITY AND SETTING FORTH THEIR RESPECTIVE TERMS OF OFFICE, SETTING FOR THE PROPOSED ARTICLES OF INCORPORATION AND AUTHORIZING THE PROPER OFFICERS OF THE TOWNSHIP OF UPPER TYRONE TO EXECUTE SAID ARTICLES OF INCORPORATION FOR AND ON BEHALF OF THE SAID TOWNSHIP; DIRECTING NOTICE OF THIS ORDINANCE TO BE PUBLISHED IN THE MANNER PROVIDED BY SAID ACT; DIRECTING THE FILING OF SAID ARTICLES OF INCORPORATION ACCORDING TO LAW; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND PROVIDING THAT THIS ACT SHALL TAKE EFFECT IMMEDIATELY UPON FINAL PASSAGE AND APPROVAL.

BE IT ORDAINED AND ENACTED, and it is hereby ORDAINED AND ENACTED, by the BOARD OF TOWNSHIP SUPERVISORS OF THE TOWNSHIP OF UPPER TYRONE, FAYETTE COUNTY, PENNSYLVANIA, at a meeting duly assembled as follows:

SECTION 1.THE BOARD OF TOWNSHIP SUPERVISORS OF THE TOWNSHIP OF UPPER TYRONE, Fayette County, Pennsylvania, hereby signifies its desire and intention to organize a sewer authority under the Municipality Authorities Act of May, 1945, P.L. 382, as amended, for the purpose of acquiring, holding, constructing, improving, buying, selling, maintaining, and operating, owning, leasing either in the capacity of lessor or lessee, sewerworks, sewage treatment works, and/or sewer pipe lines and collection systems and all things, acts or matters incident thereto, in the said Township.

SECTION 2. The name of the proposed Authority shall be: UPPER TYRONE TOWNSHIP SEWAGE AUTHORITY.

SECTION 3.The Chairman of the BOARD OF UPPER TYRONE TOWNSHIP SUPERVISORS is hereby authorized and directed to execute and the Township Secretary is authorized and directed to affix the common and corporate seal of the TOWNSHIP OF UPPER TYRONE to the Articles of Incorporation for said Authority and to attest to the Chairman’s signature, and said officers are further authorized and directed to acknowledge and deliver said Articles of Incorporation for the Authority in substantially the form set forth in the document attached as Exhibit “A” and incorporated by reference.

SECTION 4.The Articles of Incorporation of the proposed Authority in substantially the form set forth in Section Three of this Ordinance shall be executed on behalf of the TOWNSHIP OF UPPER TYRONE, by the Chairman of the Board of Township Supervisors, attested by the Township Secretary, and such officers are hereby authorized, empowered and directed to do all things necessary and appropriate to effect and establish said proposed Authority in accordance with the provisions of the Municipal Authorities Act of May 2 1945, P.L. 382, as amended.

SECTION 5.The names, addresses and terms of office of the first members of the Board of the Authority are as follows:

NAMETERM OF OFFICEADDRESS

  1. 5 years
  1. 4 years
  1. 3 years
  1. 2 years
  1. 1 year

SECTION 6.It is hereby directed that all necessary notices related to the formation of the proposed Authority and the passage of this Ordinance shall be published as required by law.

SECTION 7.All other Ordinances, or parts of Ordinances, or Resolutions, inconsistent herewith are hereby expressly repealed.

SECTION 8.This Ordinance shall take effect immediately upon its enactment.

ORDAINED AND ENACTED into law by the Board of Supervisors of the Township of Upper Tyrone in a lawful session assembled this ______day of ______, 2009.

TOWNSHIP OF UPPER TYRONE

Samuel D. Killinger, Chairman

William A. Edwards

Charles B. Cook

ATTEST:

______

Lori Henry, Secretary

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