[Ord. No. 2009-04 Preamble]
The Lambertville Sewerage Authority (LSA or Sewerage Authority)
was created pursuant to the Sewerage Authorities Law, P.L. 1946, ch.
138, N.J.S. 40:14A-1 et seq., by ordinance dated May 10, 1954.
The New Jersey Legislature has authorized and permitted municipal
sewerage authorities created pursuant to the Sewerage Authorities
Law, P.L. 1946, ch. 138, N.J.S. 40:14A-1 et seq., to be reorganized
by ordinance as municipal utilities authorities under the Utilities
Authorities Law, P.L. 1957, ch. 183 (as amended by P.L. 1977, ch.
384), N.J.S. 40:14B-1 et seq.
[Ord. No. 2009-04]
The Lambertville Sewerage Authority shall be reorganized as
a municipal utilities authority organized as a public body corporate
and existing under and by virtue of the Utilities Authorities Law,
P.L. 1957 ch. 183 (as amended by P.L. 1977, ch. 384), N.J.S. 40:1B-1
et seq.
[Ord. No. 2009-04]
The Lambertville Sewerage Authority shall be renamed and styled
the Lambertville Municipal Utilities Authority (LMUA or Utilities
Authority).
[Ord. No. 2009-04]
The Lambertville Municipal Utilities Authority shall have and
enjoy all of the powers, rights, duties, franchises and obligations
conferred on and imposed upon such utilities authorities by the Utilities
Authority Law and any other statutes heretofore or that hereafter
may be enacted affecting or pertaining to utilities authorities.
[Ord. No. 2009-04]
The Lambertville Municipal Utilities Authority shall succeed
to all of the property, rights, obligations, contracts, leases, and
all other assets and liabilities held by the Lambertville Sewerage
Authority by operation of this Ordinance No. 2009-04 and without further
act or instrument of transfer, assignment or assumption. Nothing in
such transfer shall be construed to diminish or otherwise affect the
rights of, or obligations to, the Lambertville Sewerage Authority's
bondholders.
[Ord. No. 2009-04]
The Lambertville Municipal Utilities Authority may exercise
all lawful powers authorized under the Utilities Authorities Law as
currently in effect or later amended. These powers include, without
limitation, authority as conferred, and subject to the limitations
provided, by statue: (1) to supply water for public and private use
within the City; (2) to relieve pollution or threatened pollution
from the City in waters in or bordering the state; (3) to provide
sewage collection and disposal service in the City; (4) to provide
water supply services outside the City; (5) to provide solid waste
services within or without the City; (6) to generate, transmit, and
sell hydroelectric power as wholesale; (7) to operate and maintain
utility systems owned by other units of government; (8) to promote
the production and use of alternative energy; and (9) to establish
charges, fees, and rates for services as provided by statute.
[Ord. No. 2009-04]
The members, alternate members, and officers of the Lambertville
Municipal Utilities Authority shall consist of those members, alternate
members, and officers duly appointed to the Lambertville Sewerage
Authority and serving on the effective date of this section. The terms
and appointments of such members, alternates, and officers shall thereafter
be made in accordance with the Utility Authorities Law, N.J.S.A. 40:14B-4b.
[Ord. No. 2009-04]
Members of the Lambertville Municipal Utilities Authority may
receive compensation for their services as periodically determined
by the Lambertville Municipal Utilities Authority, except that such
compensation may not exceed an annual amount of $1,200. Members of
the Lambertville Municipal Utilities Authority may be reimbursed for
expenses reasonably incurred in the discharge of their duties.
[Ord. No. 2009-04]
The Lambertville Municipal Utilities Authority shall develop
and adopt revised By Laws that conform to this section.
[Ord. No. 2009-04]
A copy of this Ordinance No. 2009-04 shall be duly certified
by the City Clerk and filed with the office of the Secretary of State
for the State of New Jersey.
[Ord. No. 2009-04]
If any section, subsection, paragraph, sentence, clause, phrase
or other part is held by a court of competent jurisdiction to be invalid
or void under any applicable constitution, statute, regulation, or
other law, the invalidity shall not affect the remainder of this ordinance
but shall be confined to the section, subsection, paragraph, sentence,
clause, phrase, or other part found to be invalid or void.
[Ord. No. 2009-04]
This Section 3-21 adopted by Ordinance No. 2009-04 shall amend and supersede the Ordinance of May 10, 1954 entitled "Ordinance Creating Lambertville Sewerage Authority."
[Ord. No. 2009-04]
This Section 3-21 adopted by Ordinance No. 2009-04 shall take effect upon filing with the Secretary of State.
