[HISTORY: Adopted by the Township Committee of the Township of Lacey 5-17-1974 as Ch. 21 of the 1974 Code. (This legislation was originally enacted 7-2-1971.) Amendments noted where applicable.]
Pursuant to the provisions of Title 40, Chapter 14B of the Revised Statutes of New Jersey, there is hereby created a public body corporate and politic under the name and style of the "Lacey Municipal Utilities Authority."
The Lacey Municipal Utilities Authority hereby created is a municipal authority as particularly contemplated and provided for in Section 4, Chapter 14B of Title 40 and shall have and exercise all the powers and perform all the duties provided for by said law and shall constitute an agency and instrumentality of the Township of Lacey.
A copy of this chapter, duly certified by the Township Clerk, shall be filed in the office of the Secretary of State. Upon proof of such filing of a certified copy of said chapter, the Lacey 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 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.
[Amended 4-15-1982 by Ord. No. 12-82]
After the enactment of this chapter creating said Authority and the filing of a certified copy thereof as provided in § 73-3 hereof, five persons shall be appointed as the members of the Lacey Municipal Utilities Authority. The members first appointed shall, by the resolution of appointment, be designated to serve for terms respectively expiring on the first days of the first, second, third, fourth and fifth Februarys next ensuing after the date of their appointment. On or after January 1 in each year after such first appointments, one person shall be appointed as a member of the Municipal Authority to serve for a term commencing February 1 in such year and expiring on February 1 in the fifth year after such year. 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 to serve for such unexpired term.
Two alternate members shall be appointed to the Lacey Municipal Utilities Authority. Said alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2" when appointed by the Township Committee and shall serve during the absence or disqualification of any regular member or members of the Lacey Municipal Utilities Authority. The term of each alternate member shall be five years commencing on February 1 of the year of appointment; provided, however, that, in the event that two alternate members are appointed, their initial terms shall be five years and four years, respectively. Alternate members 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.
[Amended 7-11-1996 by Ord. No. 96-36]
A copy of the resolution appointing any member of the said Authority, duly certified by the Township Clerk, may be filed in the office of the Secretary of State. A copy of such certified resolution, duly certified by or on behalf of the Secretary of State, shall be admissible in evidence in any suit, action or proceeding and, except in a suit, action or proceeding directly questioning such appointment, shall be conclusive evidence of the due and proper appointment of the member or members named therein.
[Amended 5-1-1980 by Ord. No. 7-80; 3-10-2016 by Ord. No. 2016-04; 1-26-2017 by Ord. No. 2017-04]
Upon vouchers duly presented to and approved by the Authority, members may be reimbursed for necessary expenses incurred in the discharge of their duties.
The Chairman and members of the Lacey Municipal Utilities Authority shall be compensated for their services on an annual basis as follows:
The Authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually elect from among its members a Chairman and a Vice Chairman, who shall hold office until February 1 next ensuing and until their respective successors have been elected 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, executive director, attorney and engineer.
The purpose of the Authority shall be:
The provision and distribution of an adequate supply of water for the public and private users of the Township of Lacey and its inhabitants.
The relief of waters in or bordering the state from pollution arising from causes within Lacey Township, the relief of waters in, bordering or entering Lacey Township from pollution or threatened pollution and the consequent improvement of conditions affecting the public health.
The provision of sewage collection and disposal service within or without the Township of Lacey.
The provision of water supply and distribution service in such areas outside the Township of Lacey as are permitted by the provisions of Title 40, Chapter 14B of the Revised Statutes.