Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[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:
Articles of Incorporation[1][2][3][4][5][6]
To the Secretary of the Commonwealth, Commonwealth of Pennsylvania:
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:
1.
The name of the Authority is "Wyoming Valley Sanitary Authority."
2.
The Authority is formed under the Act of May 2, 1945, P.L. 382, as amended.
3.
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.
4.
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]
5.
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]
6.
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]
7.
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]
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]
[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.