Borough of Lindenwold, NJ Chapter 57 Sewer Services

[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 10-11-1995 by Ord. No. 980 (Ch. 52 of the 1981 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Sewer use — See Ch. 260.

§ 57-1 Dissolution of Municipal Utilities Authority.

The Lindenwold Borough Municipal Utilities Authority (LBMUA) created by the Borough by ordinance adopted on October 13, 1960, be and the same is hereby dissolved, subject to the terms and conditions hereof.

§ 57-2 Injunction against further action without consent.

The LBMUA is hereby enjoined from taking any further action without the consent of the Borough. Simultaneously upon the effective date of the dissolution as set forth in § 57-7 of this chapter, the LBMUA shall cease all operations and activities, which operations and activities shall be transferred to the Borough automatically and without further action by either the Borough or the LBMUA.

§ 57-3 Transfer of title to all facilities.

Upon the effective date of the dissolution as set forth in § 57-7, all real and personal property, facilities and contracts of the LBMUA shall be deemed transferred to the Borough. The existing officers of the LBMUA are hereby authorized and directed to execute any documents or instruments necessary to transfer legal title to all real property, personal property, facilities and contracts to the Borough upon the effective date of the dissolution herein, notwithstanding the dissolution of the LBMUA.

§ 57-4 Payment of all creditors and obligees.

Upon the effective date of the dissolution as set forth in § 57-7, the Borough shall assume all legal obligations to pay all existing and outstanding creditors and obligees of the LBMUA.

§ 57-5 Assumption of services. [1]

The Borough shall create a sanitary sewer utility fund for the purpose of assuming the operation of the services previously provided by the LBMUA. The Borough shall amend its ordinances to effectuate the transfer of said obligations from the LBMUA to a sanitary sewer utility in accordance with the provisions of law, which services are necessary for the health, safety and welfare of the users of the system. Upon the effective date of the dissolution as set forth in § 57-7, the Borough shall assume the operation of the services previously provided by the LBMUA.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 57-6 Approval of Local Finance Board.

This chapter shall be submitted to and approved by the Local Finance Board of the State of New Jersey in accordance with the requirements of N.J.S.A. 40A:5A-20. The final adoption of this chapter by the Borough shall represent conclusive proof of the fact that this chapter has received the approval of the Local Finance Board. Immediately upon the adoption of this chapter, the aforesaid shall be filed with the Local Finance Board and with the Secretary of the State of New Jersey, in accordance with N.J.S.A. 40A:5A-20.

§ 57-7 Effective date of dissolution.

The dissolution of the LBMUA shall take effect simultaneously with the creation of a sanitary sewer utility by the Borough for the assumption of the obligations of the LBMUA services previously provided by the LBMUA and the transfer of all funds from the LBMUA to the Borough.[1]

[1] Editor's Note: See Ch. 260, Sewer Use.

§ 57-8 Authorization to take all necessary action.

The members of the Borough Council, Borough Administrator, Treasurer, Chief Financial Officer, Borough Clerk and other employees, as directed by the Borough Council, are hereby authorized and directed to take any and all steps necessary to effectuate the purpose of this chapter. The members of the LBMUA, its officers, employees, engineer and Council are hereby authorized and directed to take all steps necessary to effectuate the purpose of this chapter.