[Ord. No. 1-2014, 6/4/2014]
It is the intent of Sugarloaf Township and Conyngham Borough, by the foregoing Preambles, to create by incorporation the Conyngham-Sugarloaf Joint Municipal Authority pursuant to the applicable provisions of the Pennsylvania Municipality Authorities Act of 1945, 53 Pa.C.S.A. § 5601 et seq., as amended, as there is a need for such an Authority to function within Conyngham Borough and Sugarloaf Township (the "Service Territory").
[Ord. No. 1-2014, 6/4/2014]
Sugarloaf Township and Conyngham Borough adopt the Joint Municipal Authority Agreement attached hereto and incorporated herein as Exhibit "A"; and direct the filing of the Articles of Incorporation attached hereto and incorporated herein as "Exhibit "B" for the creation of the Joint Municipal Authority with the Pennsylvania Corporation Bureau.[1]
[1]
Editor's Note: Said Exhibits A and B are on file in the Township offices.
[Ord. No. 1-2014, 6/4/2014]
The Joint Municipal Authority is being formed for the purposes of carrying out all lawful purposes for which a joint municipal water and sewer authority may be formed under the Pennsylvania Municipality Authorities Act of 1945, as amended, and except as may be limited by or established in the Joint Municipal Authority Agreement attached hereto and incorporated herein as Exhibit "A."
[Ord. No. 1-2014, 6/4/2014]
Except as may be limited or established in the Joint Municipal Authority Agreement attached hereto and incorporated herein as Exhibit "A," the Joint Municipal Authority shall have those powers set forth in Section 5607(d) of the Pennsylvania Municipality Authorities Act,[1] and specifically the powers to undertake wastewater (sewage) projects, potable water projects, and stormwater projects, if necessary as part of a water or sewer project, which terms as used herein shall include, but not be limited to, all appurtenant facilities as may be necessary and appropriate in the exercise of sound engineering principles with respect to the acquisition, construction, operation and maintenance of the system within the service territory. Notwithstanding the foregoing, the parties by mutual agreement may, from time to time, authorize the Joint Municipal Authority to undertake other types of projects as permitted by the Authorities Act.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5607(d).
[Ord. No. 1-2014, 6/4/2014]
The term of existence of the Joint Municipal Authority shall be 50 years, and for such further period(s) as may be provided in articles of amendment approved under Section 5605 of the Pennsylvania Municipality Authorities Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 5605.
[Ord. No. 1-2014, 6/4/2014]
Both Sugarloaf Township and Conyngham Borough have caused public notice of this Part one time in the Standard Speaker Newspaper at least 30 days prior to the public hearing, and if adopted, notice of this Part will be published at least one time in the Luzerne County Legal Register and one time in the legal notice section of the Standard Speaker Newspaper, containing a brief statement of the substance of the Part, including the substance of the articles making reference to the Municipality Authorities Act, and stating the date, not less than three days after publication of the notice; Articles of Incorporation of the proposed Authority shall be filed with the Secretary of the Commonwealth. Proofs of publication are to be filed in the office of the Borough Secretary and Township Secretary.