[HISTORY: Adopted by the Borough Council of the Borough of Lansford as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-4-1964 by Ord. No. 1-1964; amended in its entirety 12-3-1968 by Ord. No. 9 (Ch. 1, Part 2, of the 1992 Code of Ordinances). Subsequent amendments noted where applicable.]
It is the joint desire and intention of the municipal authorities of the Boroughs of Lansford and Summit Hill in Carbon County, and the Borough of Coaldale in Schuylkill County, of the Commonwealth of Pennsylvania, to organize an Authority under the "Municipal Authorities Act of 1945," designated as Act No. 164, approved May 2, 1945 (53 P.S. 301 et seq.),[1] together with all supplements thereof and amendments thereto, for the purpose of exercising and enjoying all the powers of the Act, its supplements and amendments.
[1]
Editor's Note: The Municipality Authorities Act of 1945, 53 P.S. § 301 et seq., was repealed by Act 22 of 2001 (6-19-2001, P.L. 287, No. 22); see now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
The name of the proposed Authority is Coaldale, Lansford, Summit Hill Sewer Authority.
[Amended 1-7-1992 by Ord. No. 92-1]
The proposed Articles of Incorporation of the Authority are as follows:
MUNICIPAL AUTHORITY
ARTICLES OF INCORPORATION
To the Secretary of the Commonwealth of Pennsylvania:
In compliance with the Municipal Authorities Act of 1945, its supplements and amendments, the Borough of Lansford and the Borough of Summit Hill, in Carbon County, and the Borough of Coaldale, in Schuylkill County, municipalities of the Commonwealth of Pennsylvania, pursuant to identical ordinances duly adopted by the representative municipal authorities of the three municipalities, signifying their joint desire and intention to form an Authority, hereby certify:
1.
The name of the Authority shall be the Coaldale, Lansford, Summit Hill Sewer Authority.
2.
This Authority is formed under the Municipal Authorities Act of 1945, its supplements and amendments.
3.
No other single or joint Authority organized under the Municipal Authorities Act of 1945, its supplements or amendments, the Act approved June 28, 1935, P.L. 463, as amended, is in existence in and for the incorporating municipalities except that:
A.
The Borough of Coaldale, Schuylkill County, Pennsylvania, and the Borough of Lansford, Carbon County, Pennsylvania, heretofore organized an Authority known as the Lansford-Coaldale Joint Water Authority, under the provisions of Act of Assembly duly approved.
B.
The Borough of Summit Hill, Carbon County, Pennsylvania, heretofore organized an Authority known as the Summit Hill Water Authority, under the provisions of Act of Assembly duly approved.
4.
The purposes of the Authority are to acquire, hold, construct, improve, maintain, operate, own and lease, either in the capacity of the owner, lessor or lessee, sewers, sewer systems or parts thereof and sewage treatment works, including works for treating and disposing of industrial wastes, as respects each of the incorporating municipalities.
5.
The names and addresses of the Mayor and the members of Council of the Borough of Lansford, such persons being the municipal authorities of the municipality, are as follows: [Here followed the names and addresses of the Mayor and the members of Council in office of the three Boroughs at the time of enactment of this article.]
6.
The membership of the Board of the Authority to be formed shall be apportioned so that:
A.
The Borough of Coaldale shall have three members.
B.
The Borough of Summit Hill shall have three members.
C.
The Borough of Lansford shall have three members.
7.
[Here followed the names and addresses of the original members of the Authority].
[Amended 1-7-1992 by Ord. No. 92-1]
[Here followed the names and addresses of the original members of the Board.]
Whenever a vacancy shall exist for any reason whatsoever in the Board of the Authority, the vacancy shall be filled by the municipal authorities of the municipality in the representation of which the vacancy occurs.
The adoption of this article is deemed necessary for the benefit and preservation of the public health, peace, comfort and general welfare, and will increase the prosperity of the peoples of the Borough of Lansford, Pennsylvania.