[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 5-1-2019 by Ord. No. B-136. Amendments noted where applicable.]
Editor's Note: Former Ch. 57, Public Safety, Department of, adopted 10-18-1989 by Ord. No. P-78, as amended, was repealed 11-22-1993 by Ord. No. R-20.
There is hereby created and established in the City, and in accordance with New Jersey statutes, a public utility for budgetary purposes. The name by which this utility shall be known is the "City of Hoboken Water Utility" (hereinafter, the "Utility"). For budgetary and accounting purposes, the Utility shall be a separate entity.
The Utility, which constitutes an agency of the City, exercising public and essential governmental functions, shall have all the powers necessary and convenient to carry out and effectuate the purpose and the provisions of the New Jersey Statutes.
It shall be the function of the Utility to budget and account for the System; to enforce the City's laws and regulations concerning water service; to raise money necessary to pay for the lands, buildings, equipment and facilities or other rights or interest therein acquired for the System, and for improving and equipping the same; to construct, reconstruct, alter, provide, renew and maintain the System or other structures and equipment and provide for the care, custody and control thereof in the operation of the Utility; to pay or make provision for the payment of the reasonable expenses in each fiscal year of the Utility; and to pay to those persons entitled thereto the interest and principal on notes and bonds of the Utility, and to deposit and accumulate reserve funds or reserves. The Utility shall monitor the System operator's responsibilities to preserve, care for, lay out, construct, maintain, improve and operate lands, buildings, equipment and facilities used for the provision of the System.
The Utility shall be governed by and in accordance with the laws of the State of New Jersey, the ordinances, the Administrative Code, and the resolutions adopted by the City, and administrative directives. The City shall amend its ordinances to effectuate the establishment of a water utility.
The financial affairs of the Utility shall be governed in accordance with the statutes applying to the financial affairs of a municipality and utilities in general.
The Utility may, from time to time, acquire such real property and/or equipment in the name of City as may be authorized by the City Council in accordance with the laws of the State of New Jersey.
The City shall have the full authority to appoint and employ all necessary employees for the Utility. Salaries of the employees will be in accordance with classification and salary ordinances duly adopted by the City Council. Portions of salaries of existing employees may be prorated based on the amount of time spent on System operations compared to the employees' full-time City responsibilities.
The Utility shall have authority to charge and collect monies for the use of the System, whether they be user charges, rental fees, or lease payments, and to use these monies to defray the cost of acquisition of lands, buildings, equipment and facilities, rights and interests therein, to equip the facilities, to pay the Utility's current expenses and to pay the interest and principal on notes and bonds, and to establish a surplus in an amount sufficient to provide for the reasonable anticipation of any contingency that may affect the operating of the Utility.
The Utility shall be under the administration, operation and control of the Director of the Department of Environmental Services.
This ordinance shall take effect upon final adoption and publication according to law.