[HISTORY: Adopted by the Township Committee of the Township of Manalapan as indicated in article histories. Amendments noted where applicable]
GENERAL REFERENCES
Establishment of boards and committees — See Ch. 3, Art. I.
Sewers and sewage disposal — See Ch. 185.
Water — See Ch. 234.
Abandonment of individual sewage disposal systems — See Ch. 269, Art. III.
[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 58, Art. I, of the 1993 Code]
A. 
Whereas it has been declared to be in the public interest and to be the policy of the State of New Jersey to foster and promote by all reasonable means the provisions and distribution of an adequate supply of water for the public and private uses of counties and municipalities and their inhabitants, and the relief of waters in or bordering this state from pollution and thus the reduction and ultimate abatement of the menace to the public health resulting from such pollution; and
B. 
Whereas legislation has been enacted by the legislators of this state setting forth the foregoing and setting forth that municipalities, either separately or in combination with other municipalities, by means and through the agency or a municipal authority to acquire, construct, maintain, operate or improve works for the accumulation, supply or distribution of water and works for the collection, treatment, purification or disposal of sewage or other waste and further authorizing services to occupants or owners of property; and
C. 
Whereas the further provisions of the statutes hereinafter referred to specifically set forth the authority delegated to the counties and municipalities of this state; and
D. 
Whereas the Municipal and County Utilities Authorities Law (Laws of 1957, Chapter 183, as supplemented and amended[1]) grants power to any one or more municipalities, the areas of which together comprise an integral body of territory, by means and through the agency of a utilities authority to acquire, construct, maintain, operate or improve works for the accumulation supply or distribution of water and works for the collection, treatment, purification or disposal of sewage or other waste in the areas of the Townships of Manalapan and Marlboro, together comprising such an integral body of territory; and
[1]
Editor's Note: See N.J.S.A. 40:14B-1 et seq.
E. 
Whereas, the Township Committee of the Township of Manalapan has decided and hereby deems that it is necessary and advisable and that it is in the best interest of the inhabitants of the Township of Manalapan that by joint or parallel action by or on behalf of the Township of Marlboro and the Township of Manalapan, each a municipal corporation of the State of New Jersey, situated in the County of Monmouth, that there be created a joint Municipal Utilities Authority pursuant to said Municipal Utilities Authorities Law as a public body corporate and politic and an agency and instrumentality of said municipalities for the purposes herein set forth and further provide for a collective approach solving the water, sewerage and pollution problems of the areas of said municipalities.
Pursuant to the provisions of the Municipal and County 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 "Western Monmouth Utilities Authority."
The Western Monmouth Utilities Authority is and shall be an agency and instrumentality of said municipalities created by parallel ordinances, duly adopted by their governing bodies, and is a utility authority as contemplated and provided for by said Municipal and County Utilities Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for by said Municipal and County Utilities Authorities Law and any other statutes heretofore or hereafter enacted applicable thereto.
[Amended 3-26-2002 by Ord. No. 2002-09]
The Western Monmouth Utilities Authority shall consist of four members thereof. Two members shall be appointed by a majority vote of the Township Committee of the Township of Manalapan and two by appointment of the Mayor of the Township of Marlboro with the advice and consent of the Township Council. The first member appointed to the Authority shall serve a term expiring on the first day of the fifth February next ensuing after the date of the first appointment. The second member appointed to the Authority shall serve a term expiring on the first day of the fourth February next ensuing after the date of the first appointment. The third member appointed to the Authority shall serve a term expiring on the first day of the third February next ensuing after the date of the first appointment. The fourth member appointed to the Authority shall serve a term expiring on the first day of the second February next ensuing after the date of the first appointment. Members are to commence their respective terms on February 1 in the year they are appointed.
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 sewage or other waste and further authorizing services to occupants of property.
The area to be served by said Western Monmouth Utilities Authority includes all of that area as shown on the attached map, designated "Map of the Western Monmouth Utilities Authority,"[1] and may further include those areas outside said map area which are presently 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: The map is on file in the office of the Township Clerk.
The Townships of Manalapan and Marlboro 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 shall commence within the first fiscal year of its operation.
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.
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 and County Utilities Authorities Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:14B-1 et seq.