[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Totowa 9-26-2017 by Ord. No. 11-2017. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 66, Parking Utility, adopted 7-14-1992
by Ord. No. 8-92, was repealed 2-10-2015 by Ord. No. 03-2015.
In accordance with N.J.S.A 40:11A-1 et seq., a parking utility
is hereby created and established in the Borough of Totowa which shall
be known as the "Borough of Totowa Parking Utility."
The Borough of Totowa Parking Utility, which constitutes the
Borough of Totowa Parking Utility, which constitutes an agency of
the municipality exercising public and essential governmental functions,
shall have all of the powers necessary or convenient to carry out
and effectuate the purpose and the provisions of the New Jersey statutes
so that the above shall include the right of eminent domain; the power
to issue bonds and the right to enter into contracts for labor and
materials; the right to borrow money; the right to accept gifts and
contributions; the power to receive grants or other financial assistance
from the state or federal government; to cooperate with any other
municipality or the county or other agencies taking over in leasing
or managing any parking facility; to purchase any and all insurance
necessary for the protection and safety of the operation of the Utility;
and to enter into such agreements or other instruments as may be necessary
for the efficient operation of the Utility.
The Borough of Totowa Parking Utility shall be organized accordingly
and in accordance with relevant municipal ordinances approved by the
Mayor and Borough Council and under the direction of the Borough Clerk
according to the administrative code.
A.Â
The general supervision and control over the maintenance, operation
and regulations of the Borough of Totowa Parking Utility shall be
assigned to a Parking Utility Commission which shall establish rules
and regulations, as approved by the Mayor and Borough Council, which
are reasonably related to the health, welfare and safety of those
availing themselves of the parking facilities and to the protection
of the property therein.
B.Â
The members of the Parking Utility Commission shall be five residents
of the Borough of Totowa, serving without salary, appointed by the
Mayor, with the advice and consent of the Borough Council in the following
manner: For the first appointments, one member shall be appointed
for one year, one member for two years, one member for three years,
one member for four years and one member for five years. At the expiration
of each of the above terms, the new members shall be appointed for
terms of five years.
C.Â
The Parking Utility Commission shall engage in such expenditures
and hire employees under such salaries as shall come under the budgetary
appropriations of the Commission and as approved by the Mayor and
Borough Council.
D.Â
Located in the Department of Public Works will be a division of the
Parking Utility responsible for maintenance, construction and improvement
of all capital operations of the Utility.
E.Â
Located in the Treasurer's office will be a division of the
Utility responsible for the collection of fees, investments of moneys
and all such financial operations in conjunction with the administration
of parking privileges.
A.Â
In accordance with N.J.S.A. 40A:5-15, all moneys received by or on
behalf of the Utility shall be paid to the Treasurer, who shall deposit
all such receipts within 48 hours.
B.Â
An annual budget shall be prepared in accordance with relevant provisions
of N.J.S.A. 40A:4-1 et seq.
C.Â
Any provisions of N.J.S.A. 40:62-1 et seq. which are applicable shall
be complied with.
The Borough Clerk is hereby authorized and directed to file
an authorized copy of this chapter with the Director of the Division
of Local Government Services.
All ordinances or parts of ordinances that are inconsistent
with the provisions of the within chapter are hereby repealed to the
extent of such inconsistency only.
If any article, section, subsection, sentence, clause or phrase
of this chapter is for any reason deemed to be unconstitutional or
invalid by any court of competent jurisdiction, such decision shall
not effect the remaining portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication as required by law.
