(A) The Eastern Shore of Virginia Public Service Authority (the "Authority") consents to the joinder of the incorporated Towns of Cape Charles, Cheriton, Nassawadox and Exmore as members of the Authority.
(B) Paragraph (2) of the Articles of Incorporation for the Eastern Shore of Virginia Public Service Authority is hereby rescinded, and the following language shall be substituted therefor:
2. The address of the Authority's principal office shall be 5229 The Hornes, Eastville, Virginia 23347, and the mailing address of the Authority's principal office shall be Post Office Box 690, Eastville, Virginia 23347.
(C) Paragraph (4) of the Articles of Incorporation for the Eastern Shore of Virginia Public Service Authority is hereby rescinded, and the following language shall be substituted therefor:
4. The powers of the Authority shall be exercised by nine (9) Authority Board members, all of whom shall be appointed in the following manner: One (1) Authority Board member shall be appointed by the town council of each of the four (4) member towns (Towns of Cape Charles, Cheriton, Nassawadox & Exmore), and five (5) At- Large Authority Board members shall be appointed by the Northampton County Board of Supervisors, which appointees may or may not be members of the respective governing bodies.
Authority Board members shall serve staggered initial terms, which have been by draw, as set our below:
5 members: 4 year terms
5 members: 2 year terms
Initial terms shall commence upon the issuance of a certificate by the State Corporation Commission as provided in Section 15.2-5112 of the Code of Virginia and shall extend as set forth below. Thereafter, all successive appointments shall be for terms of four (4) years.
In the event a vacancy is created by the death, resignation or removal of any Authority Board member, the appointment to fill such vacancy shall be for the unexpired portion of the remaining terms and shall be made by the respective locality where the vacancy occurred.
(D) Paragraph (5) of the Articles of Incorporation for the Eastern Shore of Virginia Public Service Authority is hereby rescinded, and the following language shall be substituted therefor:
5. The purposes for which the Authority are being created are to study, implement and operate a septage treatment and disposal system, a sewer system, a water system, a stormwater control system, or any combination of such systems; and to transfer and operate existing systems; study and construct and operate expansions of existing systems; and study and construct new systems. The Authority is further authorized to exercise those powers set forth in the Virginia Water and Waste Authorities Act which pertain to water and waste systems.
(E) New paragraphs (7) and (8) are to be added to the Articles of Incorporation for the Eastern Shore of Virginia Public Service Authority as follows:
7. It is hereby determined that the initial focus of the Authority shall be:
a. Sewer expansion for Exmore and sewer service for Nassawadox, including Riverside Shore Memorial Hospital, and the surrounding areas of Northampton County.
b. Sewer expansion for Cape Charles and sewer service for Cheriton and the surrounding areas of Northampton County.
c. Conveyance of the existing Exmore, Cape Charles and Bayview sewer and water systems to the Authority.
8. The study and construction of future system expansions or new systems shall be compatible with the Comprehensive Plan of the participating localities.
(F) The Authority's attorney is hereby authorized and directed to apply to the State Corporation Commission for this approval of the joinder of the incorporated Towns of Cape Charles, Nassawadox, and Exmore and for this amendment to the Authority's Articles of Incorporation.
(Ord. passed 6-28-2010; Am. Ord. passed 5-8-2012)