[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 11-1-1984 (Ch. 50, Art. I, of the 1981 Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Water utilities — See Ch.
60.
Land development — See Ch.
190.
Pursuant to N.J.S.A. 40:62-96 et seq., a water district is hereby
created within the Township of Allamuchy, Warren County, which is
more particularly described as follows: all those certain pieces,
tracts or parcels of land situate in the Township of Allamuchy, County
of Warren, State of New Jersey, and bounded and described as follows:
Block
|
Tax Lot
|
---|
402
|
4
|
504
|
9
|
503
|
4
|
401
|
14.15
|
502
|
4
|
504
|
2
|
504
|
3
|
401
|
12
|
504
|
5
|
504
|
12
|
502
|
3
|
504
|
11
|
402
|
2
|
504
|
14
|
504
|
13
|
504
|
10
|
402
|
5
|
503
|
5
|
503
|
6
|
504
|
4
|
504
|
6
|
504
|
7
|
401
|
11.03
|
502
|
2
|
401
|
13
|
502
|
1
|
503
|
2
|
401
|
6
|
401
|
11.04
|
402
|
1
|
402
|
100
|
The name of the water district shall be "Water District No.
1" in the Township of Allamuchy and County of Warren.
The governing body of said water district shall be known by
the name "Commissioners of Water District No. 1" in the Township of
Allamuchy and County of Warren. The Township Council shall serve in
such capacity until such time that it may decide to call for the election
of Water Commissioners, who shall succeed to the duties which were
then exercised by said Township Council. Should such election be held,
the Commissioners shall consist of five legal residents of the district,
who shall be elected in accordance with N.J.S.A. 40:62-105.1 through
40:62-105.23. The Water Commissioners so elected shall have all of
the rights and powers within said district as conferred upon them
by law.
Said water district shall have the power to provide for, by
contract or otherwise, the construction, operation and maintenance
of a water system or systems, including, if deemed advisable or necessary,
the purchase of land and the purchase of or construction and installation,
operation and maintenance of structures, reservoirs, wells, waterworks,
purification systems, storage capacity, distribution systems, hydrants,
pumping stations and any and all other capital improvements necessary
to provide a good and sufficient water supply within said district.
Said water district shall have the power to provide, by contract
with any person or municipality, for the necessary installation, construction,
operation or maintenance of said water system or for the furnishing
of a good and sufficient water supply for said system.
The cost of the creation and establishment of such water district
and the cost of the installation and construction of the water system
shall be assessed against the real estate benefited thereby.
The cost of operation and maintenance shall be assessed against
the property owners using said water within the district, either through
taxation or water charges.
The water district or the Township of Allamuchy shall have the
power to issue bonds, notes or other evidences of indebtedness to
finance the cost of said creation and establishment, including any
costs incurred to date, and the cost of construction and installation
of the water system, including the cost of any assets purchased for
use by the water district, and the cost of amortization and interest
required by these bonds shall be raised by taxation against the persons
owning real estate within said water district.
The cost of any and all work contemplated under the provisions
of this chapter or the cost of any work done to provide for such a
water district prior to its adoption may be paid for by bonds or notes
issued pursuant to N.J.S.A. 40A:2-1 et seq.
The water district shall be empowered to carry on its business
as a public utility and may assess the entire cost or any part thereof
of operation, maintenance or any other expenses connected with such
water system, waterworks and pumping stations operated by it on the
property owners using said water through charges for water used, based
on a meter, fixture or flat rate, as determined by the governing body
of said district directing the operation of said district. Said expenses
shall be met by taxes to be assessed and levied on the property lying
and being in the water district, and such assessment and levy shall
be made and such taxes collected as other taxes.
To meet the expense of the operation and maintenance of such
water system, tax anticipation and tax revenue notes or bonds may
be issued by the governing body in the manner provided by law, but
such notes or bonds shall be issued and charged only against taxes
for the district supplied with water. To meet the expense of the operation
and maintenance of the water system for the calendar year in which
the system is installed, tax anticipation notes or bonds may be issued
by the governing body against taxes to be levied and assessed for
the following year against property in the district, which notes or
bonds shall mature not later than December 31 of such following year
and may be extended or refunded as provided by law in the case of
other tax anticipation notes or bonds. All such tax anticipation or
tax revenue notes shall state, in addition to any statement required
by law, that they are issued against taxes for the water district.
The governing body of said district, after 15 days' notice
published in a paper circulating in the municipality and published
in Warren County, may provide that all property owners within the
water district must pay the minimum charge for water in said district.
Said water district or the Township of Allamuchy shall have
all of the powers provided for by N.J.S.A. 40:62-96 through 40:62-105,
and said provisions are herein incorporated whether herein mentioned
or not, including the power to issue bonds or notes under the provisions
of N.J.S.A. 40:62-100 and N.J.S.A. 40:62-103.