[HISTORY: Adopted by the Essex County Board
of Chosen Freeholders (now Board of County Commissioners) 7-1-1992 by Ord. No. O-1992-00023. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste management — See Ch. 126.
In accordance with the provisions of the Act,[1] the County of Essex, a body corporate and politic of the
State of New Jersey, hereby creates a public body corporate and politic
under the name and style of the Essex County Utilities Authority (the
"Authority"). Such Authority shall constitute a county utilities authority,
as contemplated by and provided for in the Act, and shall be an agency
and instrumentality of the County and a political subdivision of the
state.
[1]
Editor's Note: See N.J.S.A. 40:14B-1 et seq.
The Authority shall consist of seven members
who shall be appointed by the County Executive of the County with
the advice and consent of the Board of County Commissioners. Such
members shall be appointed in the manner provided by Section 4 of
the Act (N.J.S.A. 40:14B-4b), and as otherwise herein provided.
A.
In accordance with the provisions of the Act, the
members first appointed shall serve for initial terms which shall
expire as follows:
B.
Upon the expiration of such initial terms, members
of the Authority shall be appointed (or reappointed) for staggered
terms of five years, as provided in Section 4(b)(1) [N.J.S.A. 40:14B-4b(1)]
of the Act.
C.
The members of such Authority will not receive any
compensation in connection with the discharge of their duties as herein
contemplated; provided, however, that such members may be reimbursed
for the reasonable and necessary expenses incurred by such members
in connection with the discharge of their duties.
[Amended 10-8-1997 by Ord. No. O-1997-00020]
A.
The Authority shall be responsible for implementation
of the Solid Waste Management Plan (the "plan"), except to the extent
otherwise expressly provided therein, and for the management, administration,
development, funding/financing and implementation of the system. Such
Authority is authorized, subject to the provisions of the Act, to
acquire (either through purchase, gift, condemnation or otherwise),
lease, construct, maintain, operate and use such facilities (either
within or without the geographic boundaries of the County) as are
necessary, in the judgment of the Authority, in order to provide an
effective and satisfactory method for carrying out the purposes of
the Authority. The Authority shall carry out such purposes through
the exercise of any and all powers granted to such Authority by the
Act.
B.
In addition to the powers and purposes described in Subsection A above, the Authority shall also be authorized to acquire, maintain, operate and construct such facilities and/or equipment for or with respect to the production, development, purchase, accumulations, distribution and sale of water, water services, facilities and products within or without the County, and shall be further authorized to exercise powers authorized by the Act in connection with effectuating such purpose only.
In accordance with the provisions of Section
18 of the Act (N.J.S.A. 40:14B-18), the Authority is hereby authorized
and empowered to appoint such staff, consultants and advisors as it
deems to be necessary in order to implement the system and carry out
any obligations relating thereto.
Any consultants, advisors and employees which
are currently contracted or employed by the County to implement the
system shall continue to perform such activities. Any existing contracts
with the County relating to such activities shall be assigned to the
Authority by the County upon the Authority's assumption of its full
duties. Additional powers and responsibilities of such employees,
advisors and consultants shall be defined by the Authority after it
assumes its full duties. Transfers of the aforesaid employees from
the County to the Authority shall be in accordance with the appropriate
provisions of N.J.S.A. 11A:4-1 et seq., as and to the extent applicable.
This chapter shall not become effective until
an application shall have been submitted to and approved by the Local
Finance Board in the Department of Community Affairs of the State
of New Jersey in accordance with the provisions of the Local Authorities
Fiscal Control Law, constituting Chapter 313 of the Pamphlet Laws
of 1983, of the State of New Jersey, and the acts amendatory thereof
and supplemental thereto.[1]
[1]
Editor's Note: See N.J.S.A. 40A:5A-1 et seq.
