Township of Evesham, NJ Chapter 37 Utilities Authority, Municipal

[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Evesham 3-3-1959.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Individual sewage disposal systems — See Ch. 121.

Sewers — See Ch. 124.

Individual and semipublic water supplies — See Ch. 156.

[1] Editor's Note: The Municipal Utilities Authority was reestablished by original Section 1-15 of the Administrative Code Ordinance, adopted 10-21-1969 by Ord. No. 20-69 (see Ch. 3, Administrative Code, § 3-74). The provisions of that section were not substantively different from the provisions of this ordinance.

§ 37-1 Sewerage Authority reorganized as Municipal Utilities Authority.

A. Pursuant to the provisions of the Municipal and County Utilities Authorities Law (P.L. 1957, c. 183),[1] particularly Section 6 thereof,[2] the Evesham Sewerage Authority is hereby reorganized as a municipal authority and as a public body corporate and politic under the name and style of the "Evesham Municipal Utilities Authority."[3]

[1] Editor's Note: See N.J.S.A. 40:14B-1 et seq.

[2] Editor's Note: N.J.S.A. 40:14B-6.

[3] Editor's Note: The Evesham Sewerage Authority was originally created by an ordinance adopted 4-7-1955.

B. The Evesham Municipal Utilities Authority shall have all of the rights and powers granted by said law, and shall be subject to all of the duties and obligations imposed by said law and subject to the rights (if any) of the holders of any bonds or other obligations of the Evesham Sewerage Authority heretofore issued, shall be the successor in all respects to that Sewerage Authority and shall forthwith succeed to all of the rights, property, assets and franchises of said Sewerage Authority, and said bonds or other obligations (if any) of said Sewerage Authority shall be assumed by and become the obligations of the Evesham Municipal Utilities Authority, and the property of said Sewerage Authority shall be vested in the Evesham Municipal Utilities Authority.

C. As per the provisions of N.J.S.A. 40:14B-4, the Evesham Municipalities Utilities Authority shall be comprised of five members to be appointed by the Township Council in accordance with the provisions of said section. There shall be two alternate members of the Evesham Municipal Utilities Authority to be designated by the Township Council as Alternate No. 1 and Alternate No. 2 at the time of the appointment and to serve during the absence or disqualification of any regular member or members. 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 four and five years, respectively. Alternate members may participate in discussions of 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.

[Added 2-15-1994 by Ord. No. 6-2-94]

§ 37-2 Powers and duties.

The Evesham Municipal Utilities Authority hereby created is a municipal authority as contemplated and provided for by said Municipal Utilities Authorities Law[1], and shall have and exercise all of the powers and perform all of the duties provided for by said Municipal Utilities Authorities Law and any other statutes heretofore or hereafter enacted and applicable thereto.

[1] Editor's Note: See N.J.S.A. 40:14B-1 et seq.

§ 37-3 Compensation.

[Amended 10-16-1973 by Ord. No. 34-10-73; 9-2-1975 by Ord. No. 36-9-75; 7-8-1980 by Ord. No. 32-7-80; 8-25-1981 by Ord. No. 28-8-81]

The members of the Evesham Township Municipal Utilities Authority shall serve without compensation for their services.

§ 37-4 Filing of copy of chapter.

A copy of this chapter, duly certified by the Township Clerk of the Township, shall forthwith be filed by said Township Clerk in the Office of the Secretary of State of the State of New Jersey.

§ 37-5 Residency.

[Added 8-1-1989 by Ord. No. 37-8-89]

The members of the Evesham Municipal Utilities Authority shall be residents of the Township of Evesham at all times during their occupation of their positions of membership. The cessation of residency in the Township of Evesham by any member during his or her term of office shall result in immediate termination of that person's membership and shall further result in the creation of a vacancy, which may be filled by the Township Council for the balance of the former member's unexpired term.