[HISTORY: Adopted by the Township Committee
of the Township of Lacey 5-17-1974 as Ch. 21 of the 1974 Code. (This
legislation was originally enacted 7-2-1971.) Amendments noted where
applicable.]
Pursuant to the provisions of Title 40, Chapter
14B of the Revised Statutes of New Jersey, there is hereby created
a public body corporate and politic under the name and style of the
"Lacey Municipal Utilities Authority."
The Lacey Municipal Utilities Authority hereby
created is a municipal authority as particularly contemplated and
provided for in Section 4, Chapter 14B of Title 40 and shall have
and exercise all the powers and perform all the duties provided for
by said law and shall constitute an agency and instrumentality of
the Township of Lacey.
A copy of this chapter, duly certified by the
Township Clerk, shall be filed in the office of the Secretary of State.
Upon proof of such filing of a certified copy of said chapter, the
Lacey Municipal Utilities Authority shall, in any suit, action or
proceeding involving the validity or enforcement of or relating to
any contract or obligation or act of the Municipal Authority, be conclusively
deemed to have been lawfully and properly created, organized, established
and authorized to transact business and exercise its powers pursuant
to Title 40, Chapter 14B of the Revised Statutes.
[Amended 4-15-1982 by Ord. No. 12-82]
A.
After the enactment of this chapter creating said Authority and the filing of a certified copy thereof as provided in § 73-3 hereof, five persons shall be appointed as the members of the Lacey Municipal Utilities Authority. The members first appointed shall, by the resolution of appointment, be designated to serve for terms respectively expiring on the first days of the first, second, third, fourth and fifth Februarys next ensuing after the date of their appointment. On or after January 1 in each year after such first appointments, one person shall be appointed as a member of the Municipal Authority to serve for a term commencing February 1 in such year and expiring on February 1 in the fifth year after such year. In the event of a vacancy in the membership of the Authority occurring during an unexpired term of office, a person shall be appointed as a member to serve for such unexpired term.
B.
Two alternate members shall be appointed to the Lacey
Municipal Utilities Authority. Said alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2" when appointed by the Township
Committee and shall serve during the absence or disqualification of
any regular member or members of the Lacey Municipal Utilities Authority.
The term of each alternate member shall be five years commencing on
February 1 of the year of appointment; provided, however, that, in
the event that two alternate members are appointed, their initial
terms shall be five years and four years, respectively. Alternate
members may participate in discussions at the proceedings but may
not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member.
[Amended 7-11-1996 by Ord. No. 96-36]
A copy of the resolution appointing any member
of the said Authority, duly certified by the Township Clerk, may be
filed in the office of the Secretary of State. A copy of such certified
resolution, duly certified by or on behalf of the Secretary of State,
shall be admissible in evidence in any suit, action or proceeding
and, except in a suit, action or proceeding directly questioning such
appointment, shall be conclusive evidence of the due and proper appointment
of the member or members named therein.
[Amended 5-1-1980 by Ord.
No. 7-80; 3-10-2016 by Ord. No. 2016-04; 1-26-2017 by Ord. No. 2017-04]
The Authority, upon the first appointment of
its members and thereafter on or after February 1 in each year, shall
annually elect from among its members a Chairman and a Vice Chairman,
who shall hold office until February 1 next ensuing and until their
respective successors have been elected and have qualified. The Authority
may also appoint and employ such agents and employees as it may require
and may determine their duties and compensation without regard to
the provisions of Title 11 of the Revised Statutes, including but
not limited to a secretary, executive director, attorney and engineer.
The purpose of the Authority shall be:
A.
The provision and distribution of an adequate supply
of water for the public and private users of the Township of Lacey
and its inhabitants.
B.
The relief of waters in or bordering the state from
pollution arising from causes within Lacey Township, the relief of
waters in, bordering or entering Lacey Township from pollution or
threatened pollution and the consequent improvement of conditions
affecting the public health.
C.
The provision of sewage collection and disposal service
within or without the Township of Lacey.
D.
The provision of water supply and distribution service
in such areas outside the Township of Lacey as are permitted by the
provisions of Title 40, Chapter 14B of the Revised Statutes.
