[HISTORY: Adopted by the Township Council
of the Township of Marlboro as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: The Marlboro Township Municipal Utilities Authority, created 5-24-1962, was dissolved 12-18-2009 by Ord. No. 2009-45. This ordinance also made adequate provision for the payment of creditors or obligees of the Authority and the assumption of services provided by the Authority. Pursuant to Ord. No. 2009-46, adopted 12-18-2009, the Division of Water Utility was created within the Department of Public Works for the purpose of operating the facilities previously operated by the MTMUA. See now § 4-88.1.
[Adopted 3-9-1972 by Ord. No. 9-72 (Ch.
36, Art. II of the 1981 Code)]
Pursuant to the provisions of the Municipal Utilities Authorities Law (Laws of 1957, Chapter 183, as supplemented and amended), there is hereby created a public body corporate and politic under the name and style of the "Western Monmouth Utilities Authority."
The Western Monmouth Utilities Authority is
and shall be an agency and instrumentality of the municipalities created
by parallel ordinances duly adopted by their governing bodies and
is a utility authority as contemplated and provided for by said Municipal
Utilities Authorities Law and shall have and exercise all of the powers
and perform all of the duties provided for by said Municipal Utilities
Authorities Law and any other statutes heretofore or hereafter enacted
applicable thereto.
[Amended 2-14-1980 by Ord. No. 2-80; 4-22-1993 by Ord. No.
20-93; 1-24-2002 by Ord. No. 2002-1]
The Western Monmouth Utilities Authority shall
consist of four members thereof; two of such members shall be appointed
by a majority vote of the Township Committee of the Township of Manalapan,
and two of such members shall be appointed by a majority vote of the
Township Council of the Township of Marlboro, both of whom shall be
Marlboro residents who are not simultaneously serving as members of
the municipal governing body of the Township of Marlboro. The members
next appointed to the Authority after November 8, 1999, the effective
date of P.L. 1999, c. 268, amending N.J.S.A. 40:14B-5, shall divide
themselves by lot into classes as set forth in N.J.S.A. 40:14B-5,
with the members composing the first class serving a term of five
years; the members composing the second class serving a term of four
years; the members composing the third class, if any, serving a term
of three years; the members composing the fourth class, if any, serving
a term of two years; and the members composing the fifth class, if
any, serving a term of one year. On or after January 1 in the year
in which the terms of such next appointments expire, the appropriate
number of persons shall be appointed as members of the Authority for
terms commencing on February 1 in such year and expiring on February
1 in the fifth year after such year.
[Added 1-24-1974 by Ord. No. 2-74]
A.
The members of the Authority shall have the right
to employ such personnel as they may deem necessary for the orderly
and efficient conduct of the business of the Authority. Such personnel
shall include, but not be limited to, an Executive Director, Attorney
or Attorneys, Engineer or Engineers, Auditor, Clerk and secretarial
personnel, licensed plant operator or operators and maintenance personnel.
B.
Compensation shall be paid to the members of the Authority
in an amount not to exceed $4,000 per annum. The amount to be paid
in any one year shall be by resolution of the members of the Authority.
The Western Monmouth Utilities Authority shall
have the power to acquire, construct, maintain, operate or improve
works for the accumulation, supply, treatment and distribution of
water and works for the collection, treatment, purification or disposal
of sewerage or other waste and further authorizing services to occupants
of property.
[Amended 1-24-1974 by Ord. No. 2-74]
The areas to be served by said Western Monmouth
Utilities Authority includes all of that area as shown on the attached
map,[1] designated as the "Map of the Western Monmouth Utilities
Authority," and may further include those areas outside said map area,
which are presently or formerly serviced by the Pine Brook Sewer Company,
Gordons Corner Water Company, Village Water Company, Central Jersey
Water Company, Central Jersey Sewer Company, and any other sewer and
water utilities within the municipalities comprising the Western Monmouth
Utilities Authority area. In addition, the Authority would serve tributary
areas in the adjoining municipalities as shown on the map above referred
to.
[1]
Editor's Note: Said map is on file in the
office of the Township Clerk.
The Townships of Marlboro and Manalapan agree
that the installation and construction of the Holiday North sewer
interceptor line in accordance with the Water and Sewer Feasibility
Study and Master Plan of the Township of Manalapan be included in
the original bond resolution of the Western Monmouth Utilities Authority
created by this article and the construction relating thereto commence
within the first fiscal year of its operation.
A copy of this article duly certified by the
Township Clerk shall forthwith be filed by said Township Clerk in
the office of the Secretary of State of the State of New Jersey, pursuant
to the provisions of the Municipal Utilities Authorities Law.
This article shall take effect 10 days after
publication thereof by title after its final passage, as provided
by law, but shall be of no further force or effect after March 31,
1972, unless on or before said date a parallel ordinance shall have
been adopted by the governing body of each of the other municipalities.
