[1]
Editor's Note: For State statute concerning payment of tax
liens on the fire-damaged properties, see N.J.S.A. 54:5-1 et seq.
[1974 Code § 14-1; Ord. #79-35 § 1]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay to a claimant any claim in excess
of two thousand five hundred ($2,500.00) dollars for fire damages
on any real property located within the Township pursuant to any fire
insurance policy issued or renewed after the adoption of this section
and the filing of this section with the State Commissioner of Insurance
until such time as all taxes and assessments and all other municipal
liens or charges due and payable appearing on the official certificate
of search for municipal liens pursuant to N.J.S.A. 54:5-12 shall have
been paid either by the owner of such real property or by the insurance
company; or the Township submits to the insurance company a copy of
a resolution adopted pursuant to Subsection 2-66.2, provided, however,
that if an appeal is taken on the amount of any lien or charge, other
than an appeal on the assessed evaluation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five
(75%) percent of the full amount of the lien or charge being contested
pending termination of all proceedings.
[1974 Code § 14-2; Ord. #78-35 § 2]
a.
The Municipal Council of the Township may, by resolution, enter into
an agreement with the owner of any fire-damaged property situated
in the Township to pay in full all delinquent taxes, assessments or
other municipal liens by installments pursuant to N.J.S.A. 54:5-19
or for the redemption of a tax sale lien by installment payments pursuant
to Article 7 of Chapter 5 of Title 54 of the New Jersey Statutes Annotated
if the Municipal Council is satisfied that the claim for fire damages
is to be used to restore or improve the fire-damaged property.
b.
In the event of such a resolution, a certified copy of the resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
[1974 Code § 14-3; Ord. #79-35 § 3]
Notwithstanding the provision of Subsection 2-66.1, an insurance
company may pay proceeds of a fire insurance policy to a mortgagee
of fire-damaged real property where the fire insurance policy at the
time of the loss listed the mortgagee as a name insured, provided
that the payment may not be in the amount which exceeds that due and
payable to the mortgagee under the mortgage contract.
[1974 Code § 14-4; Ord. #87-18 § I]
There is hereby established an Insurance Fund in accordance
with the provisions of N.J.S.A. 40A:10-6 and for the reasons set forth
therein.
[1974 Code § 14-5; Ord. #87-18 § II]
The Municipal Council may designate the maximum or minimum amount
of the Insurance Fund and, from time to time, provide for the disposition
of any excess over and above the maximum amount fixed or of the interest
or profits arising therefrom when the Fund shall have reached the
maximum limit.
[1974 Code § 14-6; Ord. #87-18 § III;
Ord. #13-61 § 2]
a.
There is hereby established an Insurance Fund Commission consisting
of three (3) Commissioners, one of whom shall be the Business Administrator.
b.
The Commissioners shall be officials of the Township of Woodbridge
and shall hold office for periods for two (2) years or for the remainder
of their terms of office as officials, whichever shall be less, and
until their successors have been duly appointed and qualified. To
the extent that any Commissioner serves for a lesser period of time,
an interim appointment shall be made for the balance of that Commissioner's
term. The Commissioners shall serve without compensation. The Mayor
shall appoint the Commissioners, with the advice and consent of the
Municipal Council.
c.
The Commission shall elect a Chairperson and shall promulgate such
rules and regulations as it deems necessary to carry out its function.
d.
Commission Secretary.
1.
There shall be established the position of Secretary to the Insurance
Fund Commission. The Secretary shall be appointed by the Commission
and shall serve at the pleasure of the Commission. The Commission
Secretary shall have the obligation to take and maintain accurate
minutes of Commission meetings and to maintain accurate records of
each and every claim filed against the Township, whether a general
liability claim or a workers' compensation claim.
2.
The annual salary of the Commission Secretary shall be established
by the Commission and incorporated into the Township Salary Ordinance.
[Ord. No. 2017-71 1974
Code § 14-7; Ord. #87-18 § IV; Ord. #13-61 § 2; Ord. No. 2017-71]
The Commissioners shall have the following powers and authority:
a.
To adopt rules and regulations for the control and investment of
the Fund.
b.
To keep on hand at all times sufficient money, or have the same invested
in such securities as can be immediately sold for cash, for the payment
of losses to any buildings or property of the local unit or liability
resulting from the operation of publicly owned motor vehicles, equipment
or apparatus.
c.
To fix reasonable rates of premium for all insurance carried by the
Insurance Fund and to effect all insurance in the Insurance Fund or
with any insurance company or companies authorized to do business
in this State.
d.
All insurance upon property owned or controlled by a local unit or
any to its Departments, Boards, Agencies or Commissions shall be placed
and effected by the Commissioners.
e.
If provided by the rules and regulations of the Commission, the Secretary
to the Insurance Fund Commission shall be entrusted with the daily
operation of the Insurance Fund and shall report to the Business Administrator,
and if requested shall submit a report to the Commissioners at least
once a month.
f.
To provide contributory or noncontributory self-funded, or partially
self-funded, health benefits to employees or their dependents, or
both in accordance with rules and regulations of the Director of the
Division of Local Government, in the Department of Community Affairs.
g.
To provide the oversight and administration of the Township's 457
Plan in accordance with all applicable Federal and State statutes
and regulations as set forth in N.J.A.C. 5:37-1 et seq. and all other
employee related benefits in addition to the Township's 457 Plan.
[Ord. No. 2017-71]
h.
To provide the oversight and administration of Township's property
and casualty insurance and related coverages.
[Ord. No. 2017-71]
[1974 Code § 14-8; Ord. #87-18 § V; Ord.
#13-61 § 2]
a.
There may be established the title of Administrating Agency for the
purpose of handling liability and workers' compensation claims filed
against the Township. The Administrating Agency shall be designated,
from time to time, by the Municipal Council and shall serve and be
compensated in accordance with a written contract, with terms and
conditions mutually agreed upon by the parties and, in any event,
to be subject to the provisions of N.J.S.A. 40A:5-17 and as otherwise
set forth herein. In no event shall any one (1) contract with the
Administrating Agency be for more than a three (3) year period, although
any given contract may be extended for additional periods not to exceed
three (3) years per extension.
b.
The Administrating Agency may also be the Risk Manager and shall
have the sole right of approval as to any claim not to exceed an amount
to be fixed by the Commission on an annual basis.
[1974 Code § 14-9; Ord. #87-18 § VI]
a.
The Administrating Agency shall submit a voucher on the form prescribed
by the Township on all claims, of whatever amount, and will, by signature,
approve all vouchers and countersign the vouchers in the same manner
as any other Department Head of the Township. With respect to all
other claims exceeding the amount established pursuant to the terms
of Subsection 2-67.5b, the claims are to be submitted by the Administrating
Agency to the Insurance Fund Commission for approval, together with
the appropriate voucher on a monthly bill list. Payments will be made
on all vouchers by checks signed by the appropriate signatory of the
Township, countersigned by the designee of the Administrating Agency.
b.
In determining claim amounts, when dealing with weekly temporary disability benefits and/or medical payments in workers' compensation claims, each claim is to be construed as a separate claim in determining whether or not the same equals or exceeds the five thousand ($5,000.00) dollar limit hereinabove referred to in Subsection a.
