[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.
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 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.
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.
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.