[Ord. #1994-27, § 1]
There is hereby created a public body, corporate and politic,
in the municipalities of New Hanover Township and Plumsted Township,
the areas of which together comprise an integral body of territory
to be named the "New Hanover-Plumsted Municipal Utilities Authority,"
pursuant to the provisions of an act of the Legislature of the State
of New Jersey (N.J.S.A. 40:14B-1, et seq.), known as the "Municipal
and County Utilities Authority Law," as amended and supplemented.
[Ord. #1994-27, § 2]
The membership of the New Hanover-Plumsted Municipal Utilities
Authority shall consist of three (3) members, with this aggregate
number consisting of one (1) citizen of Plumsted Township, who shall
be appointed by resolution of the Plumsted Township Council; one (1)
citizen of New Hanover Township, who shall be appointed by resolution
of the New Hanover Township Council; and a third member, and an alternate
member, of either Plumsted Township or New Hanover Township, who shall
be appointed by parallel resolutions of the Plumsted Township Council
and the New Hanover Township Council, with the residency of the third
member, and the alternate member, to alternate between New Hanover
and Plumsted on each successive appointment. Additionally, an alternate
member shall be appointed to the Authority, which term of appointment
shall be simultaneous and coterminous with the term of the third member.
In any given year the alternate member and the third member shall
not be residents of the same municipality. The alternate member 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.
[Ord. #1994-27, § 3]
The New Hanover-Plumsted Municipal Utilities Authority hereby
created shall be an agency and instrumentality of Plumsted Township
and New Hanover Township and shall have all of the powers conferred
by the Municipal and County Utilities Authority Law upon municipal
utilities authorities generally. The New Hanover-Plumsted Municipal
Utilities Authority shall service all of the area located within the
jurisdictional boundaries of New Hanover Township inclusive of the
area under federal control commonly known as Fort Dix Military Reservation,
additional by the collection area to be located within Plumsted Township
shall be limited to the following area: all that area lying west of
High Bridge Road, west of Applegate Lane, west of Inman Road and all
of the area lying west of an imaginary line intersecting Applegate
Lane and Inman Road and the area lying to the west of the imaginary
line running due south between the southern terminus of Inman Road
and the boundary line of the Fort Dix Military Reservation. The municipal
governments of both New Hanover Township and Plumsted Township recognize
the existence of the Plumsted Township Municipal Utilities Authority.
It is understood and agreed by the parties that the Plumsted Township
Municipal Utilities Authority shall have exclusive control and jurisdiction
over the service, distribution and collection of any utility service
within the Township of Plumsted lying outside of the area known as
the Fort Dix Military Reservation. The New Hanover-Plumsted Municipal
Utilities Authority shall limit its jurisdiction, authority and power
within the Township of Plumsted to servicing the area within the Fort
Dix Military Reservation and collecting or supplying utility services
up to the Township line. The New Hanover-Plumsted Municipal Utilities
Authority recognizes that the collection and distribution area of
Plumsted Township as set forth herein may not be altered by the New
Hanover-Plumsted Municipal Utilities Authority. Any alteration in
the service, collection and distribution area of Plumsted Township
may only occur after adoption of such subsequent ordinance to amend
the same. The powers of the Municipal Authority shall be vested in
the members thereof in office from time to time. A majority of the
entire authorized membership of the Municipal Authority shall constitute
a quorum at any meeting thereof. Action may be taken in motions and
resolutions adopted by the Authority at any meeting thereof by vote
of a majority of the members present, unless in any case the bylaws
of the Authority shall require a larger number.
[Ord. #1994-27, § 4]
The New Hanover-Plumsted Municipal Utilities Authority shall
consist of three (3) members, and an alternate member appointed as
aforesaid. Other than the members first appointed, or to be first
appointed, all members shall serve for terms expiring on the first
day of the fifth February next ensuing after the date of the appointment
of any member. Upon the initial appointment of members to the New
Hanover-Plumsted MUA the expiration of each of the initial members
shall be as follows: on the first February after the initial appointments
no term shall expire, on the second February after the initial appointments
no member position shall expire, on the third February after the initial
appointments the term of the member appointed by parallel resolutions
of New Hanover and Plumsted Townships, shall expire and that position
will be filled for the subsequent term by a resident of the municipality
previously in the voting minority on the Authority. This position
shall alternate every term of five (5) years between a resident of
New Hanover Township and Plumsted Township; similarly, the position
of alternate member shall expire on the third February after the initial
appointment, the initial appointment of the alternate position shall
be simultaneous and coterminous with the position of the third member.
Each successive term of the alternate member shall alternate between
a resident of New Hanover and Plumsted Township; on the fourth February
after the initial appointments and every fifth February thereafter
the term of the member appointed by Plumsted Township shall expire
and the member shall be replaced in perpetuity by a resident of Plumsted
Township as appointed by resolution of the Plumsted Township Committee;
on the fifth February after the initial appointment and every fifth
February thereafter the term held by the resident of New Hanover Township
shall expire, and such position shall be filled in perpetuity by a
resident of New Hanover Township as appointed by the New Hanover Township
Committee.
[Ord. #1994-27, § 5]
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 of the Authority to serve for such unexpired term by the
governing body or governing bodies that made the original appointment
for such unexpired term. Each member shall hold office for the term
for which he was appointed and until his successor has been appointed
and has qualified.
[Ord. #1994-27, § 6]
A copy of this chapter and a copy of each resolution appointing
any member of the New Hanover-Plumsted Municipal Utilities Authority,
duly certified by the appropriate Township Official, shall be filed
in the Office of the Secretary of the State of New Jersey. Upon proof
of such filing of a certified copy of said chapter, the New Hanover-Plumsted
Municipal Utilities Authority shall, in any suit, action or proceeding
involving the validity or enforcement of or relating to any contract
or obligation or act of the joint Municipal Authority, be conclusively
deemed to have been lawfully and properly created, organized, established
and authorized to transact business and exercise its powers pursuant
to Title 40, Chapter 14B of the Revised Statutes of New Jersey.
[Ord. #1994-27, § 7]
No member, officer or employee of the Authority shall have or
acquire any interest, direct or indirect, in the utilities system
or in any property included or planned to be included in the utilities
system or in any contract or proposed contract for materials or services
to be furnished to or be used by the Authority, but neither the holding
of any office or employment in the government of any county or municipality
or under any law of the state, nor the owning of any property within
the state, shall be deemed a disqualification for membership in or
employment by the Authority, and members of the governing body of
the two (2) municipalities may be appointed by such municipalities
and may serve as members of the New Hanover-Plumsted Municipal Utilities
Authority.
[Ord. #1994-27, § 8]
Members of the New Hanover-Plumsted Municipal Utilities Authority
shall receive no compensation for services except as such members
shall be reimbursed for necessary expenses incurred in the discharge
of their duties. Notwithstanding the provisions of this section, members
of the Authority may receive compensation for their services as may
be determined hereafter by any parallel ordinances of Plumsted Township
and New Hanover Township amendatory hereof.
[Ord. #1994-27, § 9]
Upon the initial appointment of the members of the Authority,
and thereafter, on or after February 1st of each year, shall annually
elect from among its members a Chairman and a Vice Chairman, who shall
hold office until February 1st next ensuing and until their respective
successors have been appointed 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, an Executive Director, managerial and
staff personnel, technical advisors and experts, professional employees,
and persons who shall render professional services as set forth in
N.J.S.A. 40A:11-5.
[Ord. #1994-27, § 10]
The purpose of the New Hanover-Plumsted Municipal Utilities
Authority shall be:
A.
The provisions and distribution of an adequate supply of water for
the public and private users of the Townships of New Hanover and Plumsted
and its inhabitants for the areas of such municipalities as set forth
herein.
B.
The relief of waters in or bordering the region from pollution arising
from causes within the two (2) Townships, and the relief of waters
in, bordering, or entering New Hanover and Plumsted Townships 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 Townships of New Hanover and Plumsted, through the authority
vested in the service area or through contracts with the appropriate
governmental authority.
D.
The provision of water supply and distribution service in such areas
outside the Townships of New Hanover and Plumsted as are permitted
by the provisions of Title 40 Chapter 14B of the Revised Statutes
of New Jersey, and as set forth herein.
E.
The provision of solid waste services and facilities within or without
the Townships of New Hanover and Plumsted in a manner consistent with
the Solid Waste Management Act found in N.J.S.A. 13:1E-1, et seq.,
and in conformance with a Solid Waste Management plan adopted by the
Solid Management Districts created therein.
F.
A generation, transmission and sale of hydroelectric power at wholesale.
G.
The operation and maintenance of utility systems owned by other governments
within the Townships of New Hanover and Plumsted through contracts
with said governments.
[Ord. #1994-27, § 11]
The Authority shall cause an annual audit of its accounts to
be made, and for this purpose, it shall employ a registered municipal
accountant of New Jersey or a certified public accountant of New Jersey.
The audit shall be completed and filed with the Authority within four
(4) months after the close of the fiscal year of the Authority, and
a certified duplicate copy thereof shall be filed with the director
of the division of local government in the Department of the Treasury
within five (5) days after the original report is filed with the Authority.
[Ord. #1994-27, § 12]
Nothing herein contained shall be construed as limiting or restricting
any of the powers and duties conferred upon municipal utilities authorities
created pursuant to the aforesaid act and the New Hanover-Plumsted
Municipal Utilities Authority shall enjoy all of the statutory powers
and duties as specifically set forth in N.J.S.A. 40:14B-1, et seq.,
and as the same may be amended and supplemented.
