[Ord. 1962-15, 11/19/1962, § 1]
The Council of the Borough of Forty Fort, County of Luzerne,
Commonwealth of Pennsylvania, hereby signified its intention to organize
a Municipality Authority under the "Municipality Authorities Act of
1945," as amended. Said Authority will be organized jointly by the
following municipalities:
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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.
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[Ord. 1962-15, 11/19/1962, § 2]
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:[1]
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ARTICLES OF INCORPORATION
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TO THE SECRETARY OF THE COMMONWEALTH
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:
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COMMONWEALTH OF PENNSYLVANIA
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:
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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:
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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:
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Municipal Authority of the Township of Hanover - Hanover Township,
Pennsylvania.
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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: (Here followed
the names and addresses of the authorities of all the incorporating
municipalities.
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5.
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The Board of the Authority shall consist of 20 members being
at least one member from each incorporating municipality or one member
for each 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
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 (their terms to be computed from January 1,
1963) are as follows: (Here followed the names, addresses and terms
of office of the first Authority board members.)
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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 19 day of November, 1962.
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Borough of Forty Fort
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By /s/Robert L. Taylor
President of Council
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Attest: /s/Walter W. Rickert
Secretary
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Approved: /s/Charles F. Stretch
Mayor
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(Secretary's Note: Officials of the other joining municipalities
have signed or will sign similar ordinances, thus creating the Authority.)
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[1]
Editor's Note: The Articles of Incorporation of the Authority
were amended 11/6/2017 by Ord. 2017-5. The full text of this and any
other amendments is on file in the Borough offices.
[Ord. 1962-15, 11/19/1962, §§ 3, 4]
1.
The Secretary is directed to cause or join in the publication of
the notice of this Part and the proposed filing of the Articles of
Incorporation as required by this section of the "Municipality Authorities
Act of 1945."
2.
The proper officers are directed to join with the proper officers
of other incorporating municipalities in the filing of Articles of
Incorporation, together with the necessary proof of publication with
the Secretary of the commonwealth and to do all other acts necessary
and appropriate to effect the incorporation of the proposed Authority,
including the payment of any filing fees in connection therewith.
[Ord. 1962-15, 11/19/1962, § 5]
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.
[Ord. 1962-15, 11/19/1962, § 6; as amended by Ord.
1972-2, 1/13/1972, § 1]
1.
The initial project to be undertaken by the Authority is the financing,
construction, maintenance and operation of facilities for the primary
treatment and disposal of sewage.
2.
Proposals for secondary treatment are to be submitted to this Council
before any additional financial burden is assessed against this municipality
or its residents.
