[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and sewage disposal — See Ch, 410.
Subdivision and land development — See Ch. 455.
[Adopted 12-3-1962 by Ord. No. 10-1962 (Ch. 1, Part 5A, of
the 2004 Code of Ordinances)]
The Council of the City of Nanticoke, County of Luzerne, Commonwealth
of Pennsylvania, hereby signified its intention to organize a municipality
authority under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., 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 City Clerk 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: [The full and complete Articles
of Incorporation of the Wyoming Valley Sanitary Authority are included
herein and made part hereof by reference with the same force and effect
as if fully copied in this section.]
The City Clerk is directed to cause or join in the publication
of the notice of this article and the proposed filing of the Articles
of Incorporation as required by 53 Pa.C.S.A. § 5603.
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.
The person or persons named in the form of Articles of Incorporation
set forth above as a citizen or citizens of the City of Nanticoke
is hereby appointed as member(s) of the authority for the terms provided
in such form. No change shall be made in the membership from incorporating
municipalities except following a federal census.
[Amended 1-7-1972 by Ord. No. 8-1972]
The initial and only project to be undertaken by the Authority
is the financing, construction and/or provision of facilities for
the primary treatment and disposal of sewage, as the physical facilities
of the Wyoming Valley Sanitary Authority exist today.
[Adopted 7-3-1972 by Ord. No. 12-1972 (Ch. 1, Part 5B, of
the 2004 Code of Ordinances)]
The Council of the City of Nanticoke, County of Luzerne, Commonwealth
of Pennsylvania, hereby signifies its intention to organize and incorporate
an industrial development authority under the Industrial Development
Authority Law, Act of August 23, 1967, P.L. 102.[1]
[1]
Editor's Note: See 73 P.S. § 371 et seq., now known
as the "Economic Development Financing Law."
The Mayor is hereby authorized and directed to execute and the
City Clerk is hereby authorized and directed to affix and attest the
corporate seal of the City to Articles of Incorporation for such authority
in substantially the following form:
|
ARTICLES OF INCORPORATION
| |
|
TO THE SECRETARY OF THE COMMONWEALTH
COMMONWEALTH OF PENNSYLVANIA
| |
|
In compliance with the requirements of the Act of August 23,
1967, P.L. 102, known as the "Industrial Development Authority Law,"
the Council of the City of Nanticoke, Luzerne County, Pennsylvania,
having duly enacted an ordinance signifying its desire to organize
and incorporate an authority thereunder, does hereby certify:
| |
|
A.
|
The name of the authority is the City of Nanticoke "Industrial
Development Authority."
|
|
B.
|
The authority is formed under the provisions of the "Industrial
Development Authority Law."
|
|
C.
|
The name of the incorporating municipality is the "City of Nanticoke";
and the names and addresses of the members of its Council are: [Here
followed the names and addresses of the members of the Council.]
|
|
D.
|
The Board of the Authority shall consist of five members. The
members shall be selected by the Council. The names, addresses and
terms of office of the first members of the Board of Authority are
as follows (such terms to expire as indicated): [Here followed the
names, addresses and terms of office of the first members of the Board
of Authority].
|
|
E.
|
The term of existence of the Authority shall be 50 years.
|
The City Clerk is hereby authorized and directed to cause a
notice of the enactment of this article to be published as required
by § 4 of the Industrial Development Authority Law.[1]
[1]
Editor's Note: See 73 P.S. § 374.
The Mayor and the City Clerk are hereby authorized and directed to file Articles of Incorporation, in substantially the form above recited, together with proofs of publication of the notice provided for in § 7-9 hereof, with the Secretary of the Commonwealth of Pennsylvania, and to do all other acts and things necessary or appropriate to effect the incorporation of the authority.
The persons named in the form of Articles of Incorporation herein
set forth are hereby appointed as the first members of the Board of
the Authority, and each of their terms of office to commence on the
date of a certificate of incorporation by the Secretary of the Commonwealth;
and their respective terms shall expire on the dates set forth in
said form of Articles of Incorporation.
