[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 10-18-2022 by Ord. No. 22-19. Amendments noted where applicable.]
Former Ch. 44 contained the Parking Authority, which was dissolved 10-18-2022 by Ord. No.
22-18. Prior history includes Ord.
No. 92-24 and Ord. No. 01-03.
There is hereby created under the terms of this chapter a public
utility for the purpose of managing its parking operations within
the Borough of Westwood, County of Bergen, State of New Jersey. For
budgetary and accounting purposes, this utility shall be a separate
entity, having its own separate accounts and its own separate property,
whether it be real, personal or mixed.
The name by which the Utility shall be known is the "Borough
of Westwood Parking Utility," and hereinafter the "Utility."
It shall be the function of the Utility to budget and account
for the parking operations undertaken by the Borough; to preserve,
care for, lay out, construct, maintain, improve and operate lands,
buildings, and facilities used for the provision of public parking
and the enforcement of the Borough's laws and regulations concerning
parking; to construct, reconstruct, alter, provide, renew and maintain
buildings or other structures and equipment and provide for the care,
custody and control thereof in the operation of the Utility; to raise
money necessary to pay for the lands, rights or interest therein acquired
for parking activities, and for improving and equipping the same;
to pay or make provision for the payment of the reasonable expenses
in each fiscal year of the Utility; to pay to those persons entitled
thereto the interest and principal on notes and bonds of the Utility,
if any, and to deposit and accumulate reserve funds or reserves.
The Utility shall be governed by the ordinances, the Administrative
Code, and the resolutions adopted by the Borough Council and by administrative
directives.
The financial affairs of the Utility shall be governed in accordance
with the statutes applying to the financial affairs of the municipality
and utilities in general.
The Utility may, from time to time, acquire such real property
as maybe authorized by the Borough Council by duly adopted ordinances
according to the laws of the State of New Jersey.
The Borough Council shall have the full authority to appoint
and employ all necessary employees for the Utility. Salaries of the
employees will be in accordance with classification and salary ordinances
duly adopted by the Borough Council. Portions of salaries of existing
employees may be pro-rated based on the amount of time spent on parking
operations compared to the employees' full time Borough responsibilities.
The Utility shall have authority to charge and collect monies
for the use of the utilities facilities whether they be user charges,
rental fees, or lease payments, and to use these monies to defray
the cost of acquisition of lands, buildings and facilities, rights
and interests therein, to equip the facilities, to pay the Utility's
current expenses and to pay the interest and principal on notes and
bonds all in accordance with such duly adopted ordinances and/or resolutions
of the Borough Council. The initial rates and fees shall be as currently
on file with the Authority.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid by
any Court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid by
any Court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
This chapter shall take effect as of January 1, 2023.
