[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor; see Ch. 1, General Provisions,
Art. I. 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
"Little Egg Harbor Township Municipal Utilities Authority" (hereinafter
"LEHMUA").
The Little Egg Harbor Township Municipal Utilities
Authority hereby created is a municipal authority as particularly
contemplated and provided for in Section 4, Chapter 14B of Title 40[1] 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 Little Egg Harbor.
[1]
Editor's Note: See N.J.S.A. 40:14B-4.
A.
After the enactment of this chapter creating said
Authority and the filing of a certified copy thereof as provided in
N.J.S.A. 40:14B-4(a), five persons shall be appointed as the members
of the LEHMUA. 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 LEHMUA
by the governing body. 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 LEHMUA. 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.
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.
A.
Upon vouchers duly presented to and approved by the
Authority, members may be reimbursed for necessary expenses incurred
in the discharge of their duties.
B.
The Chairman and members of the LEHMUA shall be compensated
for their services as the Authority may determine by resolution, not
to exceed $5,000 annually.
[Amended 12-22-2008 by Ord. No. 2008-13]
C.
Alternate members of the LEHMUA may be compensated
by the Authority for meetings attended and be reimbursed for necessary
expenses as hereinabove set forth. The payment to alternates shall
not exceed the amount paid to regular members for meetings attended.
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 Little
Egg Harbor Township and its inhabitants.
B.
The relief of waters in or bordering the state from
pollution arising from causes within Little Egg Harbor Township, the
relief of waters in, bordering or entering Little Egg Harbor 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 Little Egg Harbor.
D.
The provision of water supply and distribution service
in such areas outside the Township of Little Egg Harbor as are permitted
by the provisions of Title 40, Chapter 14B of the Revised Statutes.
