[Adopted 11-5-1962]
The Council of the Borough of Kingston, County
of Luzerne, Commonwealth of Pennsylvania, hereby signifies its intention
to organize a municipal authority under the Municipality Authorities
Act of 1945, as amended. Said Authority will be organized jointly
by the following municipalities: Cities of Nanticoke, Pittston and
Wilkes-Barre; the Boroughs of Edwardsville, Exeter, Forty Fort, Kingston,
Plymouth, Swoyersville, West Pittston and Wyoming; and the Townships
of Hanover, Jenkins and Plains.
The proper officers are hereby authorized and
directed to execute and the Secretary is authorized and directed to
affix the common and corporate seal to and attest, and said officers
are authorized and directed to deliver Articles of Incorporation for
the Authority in substantially the following form:
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To the Secretary of the Commonwealth, Commonwealth
of Pennsylvania:
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In compliance with the requirements of the
Act of May 2, 1945, P.L. 382, known as the "Municipality Authorities
Act of 1945," as amended, the municipal authorities of the following
municipalities: Cities of Nanticoke, Pittston and Wilkes-Barre; the
Boroughs of Edwardsville, Exeter, Forty Fort, Kingston, Plymouth,
Swoyersville, West Pittston and Wyoming; and the Townships of Hanover,
Jenkins and Plains, desiring to organize an Authority thereunder,
do hereby certify:
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1.
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The name of the Authority is "Wyoming Valley
Sanitary Authority."
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2.
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The Authority is formed under the Act of May
2, 1945, P.L. 382, as amended.
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3.
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No other authority organized under the Act of
May 2, 1945, P.L. 382, as amended, or under the Act of June 28, 1935,
P.L. 463, as amended, is in existence in or for any of the incorporating
municipalities, except: Municipal Authority of the Township of Hanover,
Hanover Township, Pennsylvania; the Municipal Authority of the Borough
of Plymouth, Plymouth, Pennsylvania.
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4.
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The names of the incorporating municipalities
are: Cities of Nanticoke, Pittston and Wilkes-Barre; Boroughs of Edwardsville,
Exeter, Forty Fort, Kingston, Plymouth, Swoyersville, West Pittston
and Wyoming; and the Townships of Hanover, Jenkins and Plains, and
the names and addresses of their respective municipal authorities
are as follows.[7]
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5.
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The Board of the Authority shall consist of
twenty (20) members being at least one (1) member from each incorporating
municipality or one (1) member for each fifteen thousand (15,000)
population, or fraction thereof, of each incorporating municipality
as evidenced by the last preceding census. Except for those initially
appointed, each member shall serve for a term of five (5) years. The
municipal authorities of each incorporating municipality shall fill
vacancies occurring among its members upon expiration of their terms
or, in case of death, resignation or incapacity, by interim appointments
of members to serve the unexpired portions of terms. The names, addresses
and terms of office of the first members of the Board of the Authority,
each being citizens of the incorporating municipality appointing such
member (the terms to be computed from January 1, 1963) are as follows.[8]
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6.
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To provide for the creation of a Stormwater Management Division
to provide comprehensive stormwater management services to the service
territory of the Wyoming Valley Sanitary Authority which shall include,
but not be limited to, all powers necessary to comply with Environmental
Protection Agency and Pennsylvania Department of Environmental Protection
regulations as currently enacted or subsequently modified governing
stormwater management, to the extent agreed upon with participating
municipalities, including but not limited to securing financing for
the project, hiring employees, purchasing or leasing real estate and
equipment, setting fees for services, enactment of necessary rules
and regulations governing the stormwater management program, acquiring,
holding, constructing, improving, maintaining, operating, owning and
leasing, either in the capacity of lessor or lessee, stormwater systems
or parts thereof including the planning, management and implementation
of stormwater systems, and any and all other powers necessary in order
to provide the necessary stormwater management services including,
but not limited to, those services contemplated by the Intergovernmental
Cooperation Agreement For The Creation And Implementation Of The Wyoming
Valley Regional Stormwater Management Program which is incorporated
herein by reference.
[Added 6-19-2017 by Ord. No. 2017-3] | |
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7.
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The term of existence of the Wyoming Valley Sanitary Authority
shall be increased for 50 years from the date of approval of its Articles
of Amendment to its Articles of Incorporation.
[Added 6-19-2017 by Ord. No. 2017-3] | |
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In witness whereof, the undersigned have executed
these Articles of Incorporation each by its proper officers thereunto
duly authorized and under its common and corporate seal this fifth
day of November, 1962.[9]
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[1]
Editor's Note: Ord. No. 2005-6, adopted 8-1-2005,
amended the Articles of Incorporation, stating:
[2]
"WHEREAS, the term of existence of the Wyoming
Valley Sanitary Authority is believed by the authority to be 50 years;
and
[3]
WHEREAS, the fiftieth year of existence for
the Wyoming Valley Sanitary Authority would expire on December 10,
2012; and
[4]
WHEREAS, the Wyoming Valley Sanitary Authority
is in need of an expansion of its term of existence so as to be able
to sign long-term contracts for supplies, equipment and borrowing
and to obtain financing for large capital projects; and
[5]
WHEREAS, such long-term planning cannot be
accomplished with the Authority's existence set to expire in 2012.
[6]
Now therefore, be it ordained as follows:
The Town Council for the Municipality of Kingston does hereby adopt
an ordinance approving the adoption by the Wyoming Valley Sanitary
Authority of an amendment to its Articles of Incorporation to increase
its term of existence for fifty (50) years from the date of approval
of the Articles of Amendment."
[7]
Editor's Note: The editors of the former codification
deleted the names and addresses of the principal officers of each
of the incorporating municipalities, which immediately followed this
subsection.
[8]
Editor's Note: The editors of the former codification
deleted the names, addresses and terms of office of the first members
appointed to the Board, which immediately followed this subsection.
[9]
Editor's Note: The editors of the former codification
deleted the execution of the Articles by the proper officers of each
of the incorporating municipalities, which immediately followed this
paragraph.
The person or persons named in the form of Articles
of Incorporation set forth above, as a citizen or citizens of the
municipality, is (are) hereby appointed as member(s) of the Board
of the Authority for the terms provided in such form. No change shall
be made in the membership from any incorporating municipality, except
following a federal census.
The initial project to be undertaken by the
Authority is the financing, construction and/or provision of facilities
for the treatment and disposal of sewage, including works for treating
and disposing of industrial wastes, including mine acids, in cooperation
with all agencies of government having jurisdiction.
