[HISTORY: Adopted by the Township Committee of the Township of Manalapan
as indicated in article histories. Amendments noted where applicable]
[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.
