[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-12-1996 by Ord. No. 332]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Council signifies its intention and desire to organize an
Authority jointly with the Township of Pine Grove, Schuylkill County,
Pennsylvania (the "township"), under provisions of the Act of the
General Assembly approved June 19, 2001, P.L. 287, No. 22, 53 Pa.C.S.A.
§ 5601 et seq., as amended and supplemented, known as the "Municipality
Authorities Act" (the "Authorities Act").
The President or Vice President of the Council and the Secretary,
respectively, of this Borough are authorized and directed to execute,
in behalf of this Borough, Articles of Incorporation for such authority
in substantially the following form.[1]
[1]
Editor's Note: The Articles of Incorporation are included
with the original copy of this ordinance and are on file in the municipal
offices.
The Mayor, President or Vice President of the Council and the
Secretary, respectively, of this Borough are authorized and directed
to cause notice of the substance of this article, including the substance
of the foregoing Articles of Incorporation, and of the proposed filing
of such Articles of Incorporation, to be published as required by
the Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The Mayor, the President or Vice President of the Council and
the Secretary, respectively, of this Borough jointly with proper officers
of the township are authorized and directed to file such Articles
of Incorporation[1] and the necessary proofs of publication with the Secretary
of the Commonwealth of Pennsylvania and to do all other things necessary
to effect the incorporation of such authority, including payment of
required filing fees.
[1]
Editor's Note: The Articles of Incorporation are included
with the original copy of this ordinance and are on file in the municipal
offices.
This Borough shall initially have three appointees on the Board
of the Authority for the terms specified, until the equivalent dwelling
units (EDUs), calculated at 300 gallons per day, discharging waste
that is treated at the sewage treatment facilities of the Authority
from customers located in the township equal to 110% of the EDUs discharging
waste from the Borough which is treated at such sewage treatment facilities
of the Authority, then the township, upon written notice to the Borough,
shall appoint the replacement Board member that replaces the next
vacancy otherwise subject to appointment by the Borough and shall
reappoint the Board member to replace the vacancy in such membership
until such time as the EDUs discharging waste from the Borough for
treatment at the sewage treatment facilities of the Authority equal
or exceed 110% of the EDUs discharging waste from the township for
treatment at the sewage treatment facilities of the Authority. The
right of the township to begin appointing and reappointing the fifth
Authority Board member and the reciprocal right of the Borough to
begin appointing and reappointing such fifth Board member under this
clause shall begin and arise by written notice of the township or
the Borough to the other, as applicable.[1]
[1]
Editor's Note: The names of the original members of the
Board of the Authority were included in original Section 6, which
immediately followed this section, and are included with the original
copy of this ordinance, are on file in the municipal offices.
