[Adopted 11-13-1962 by Ord. No. 8-1962]
The Council of the Borough of Plymouth, County of Luzerne, Commonwealth
of Pennsylvania, hereby signified its intention to organize a Municipal
Authority under the Municipality Authorities Act of 1945, as amended.[1] Said Authority will be organized jointly by the following
municipalities: the 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.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Amended 6-13-2017 by Ord. No. 3-2017; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Proper officers of the Authority are hereby authorized to execute,
verify and file appropriate Articles of Amendment with the Secretary
of the Commonwealth of Pennsylvania and to take all other actions
and to do all other things which may be necessary in order to accomplish
such amendment of the Articles of Incorporation of the Authority in
the manner herein enacted and ordained.
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ARTICLES OF AMENDMENT
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TO THE SECRETARY OF THE COMMONWEALTH OF PENNSYLVANIA
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In compliance with requirements of the Municipality Authorities
Act, 53 Pa.C.S.A. § 5601 et seq., as amended and supplemented,
and pursuant to a resolution duly adopted by the Board of Wyoming
Valley Sanitary Authority (the Board of "Authority"), proposing an
amendment to the Articles of Incorporation of the Authority, which
proposed amendment has been submitted to and approved by the governing
bodies of the 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, Luzerne County, Pennsylvania, (collectively the
"Municipalities"), the governing bodies of the municipalities composing
the Authority, by Ordinance duly enacted, the Authority hereby does
file these Articles of Amendment to its Articles of Incorporation
and does certify:
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1.
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The name of the Authority is "Wyoming Valley Sanitary Authority";
and the registered office of the Authority is located at 1,000 Wilkes-Barre
Street, Wilkes-Barre, Luzerne County, Pennsylvania 18703.
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2.
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The Authority has been duly formed under the provisions of the
Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.,
pursuant to appropriate action of the governing bodies of the 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, and
the Articles of Incorporation of the Authority filed with the Department
of State of the Commonwealth of Pennsylvania on or about December
11, 1962, recorded at 3-1-62.34, pages 582-597, inclusive, with the
Department and a Certificate of Incorporation having been issued by
the Department on December 11, 1962.
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3.
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A copy of the Ordinances or Resolutions enacted by the governing
bodies of the 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, said Boards being the governing bodies of the
municipalities composing the Authority, duly certified by the Secretary,
Assistant Secretary, City Clerk or other authorized person of the
Municipalities, adopting and approving the amendment herein set forth,
are attached hereto and thereby made a part of these Articles of Amendment.
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4.
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The names of the incorporating municipalities are: the 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, and
the names and addresses of their respective municipal authorities
are as follows.[1]
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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 in 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 (the terms to be computed from January 1, 1963),
are as follows.[2]
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6.
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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.
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7.
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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."
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IN WITNESS WHEREOF, Wyoming Valley Sanitary Authority has caused
these Articles of Amendment to be executed by its Chairperson and
its Official Seal to be affixed hereunto and attested by its Secretary,
all as of the _____ day of _____, 2020.
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[1]
Editor's Note: The names and addresses of the Municipal
Authorities are on file and available for inspection in the Borough
offices.
[2]
Editor's Note: The names, addresses and terms of office
of the first members of the Board of the Authority are on file and
available for inspection in the Borough.
The Secretary 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 Section 3 of the Municipality Authorities
Act of 1945.[1]
[1]
Editor's Note: See 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(s) named in the form of Articles of Incorporation
set forth above as a citizen(s) 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.
[Amended 1-8-1972 by Ord.
No. 11-1972]
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.
