A.
In order to assure the public health, safety and welfare
of its residents, the City of Bridgeton shall acquire, construct,
maintain, operate or improve facilities for the accumulation, supply
or distribution of water, pursuant to N.J.S.A. 40A:31-1 et seq.
B.
The Division of Water and Sewer shall be responsible
for the maintenance, operation and construction of the water supply
facility, for the provision of water services and for the supply and
distribution of water.
[Amended 11-21-2006 by Ord. No. 06-12; 12-1-2009 by Ord. No.
09-04]
A.
The City of Bridgeton shall acquire, construct or
operate a water supply facility pursuant to N.J.S.A. 40A:31-1 et seq.
B.
The City of Bridgeton may acquire, construct or operate
a water supply facility by itself or in combination with one or more
local units, a private water company subject to regulation by the
Board of Public Utilities as a public utility, or the state, upon
the adoption of an ordinance or resolution determining that the City's
public health, safety or welfare can be best assured by such acquisition,
construction or operation.
C.
No water supply facility may be acquired, constructed
or operated until all necessary permits and approvals have been received
from the appropriate state agency.
As used in this chapter the following terms
shall have the meanings indicated:
Bond anticipation notes or bonds issued in accordance with
the Local Bond Law, N.J.S.A. 40A:2-1 et seq.
A county or municipality and shall specifically mean the
"City of Bridgeton" where appropriate.
The City of Bridgeton in accordance with N.J.S.A.
40A:31-4 is authorized and empowered:
A.
Alone or in combination with another local unit, private
water company or the state, to acquire, construct, improve, extend,
enlarge or reconstruct and finance water supply facilities, and to
operate, manage and control all or part of these facilities and all
properties relating thereto;
B.
To issue bonds of the local unit or units to pay all
or part of the cost of the water supply facilities;
C.
To receive and accept from the federal or state government,
or any agency or instrumentality thereof, grants or loans for, or
in aid of, the planning, purchase, construction, improvement, extension,
enlargement or reconstruction, or financing of water supply facilities,
and to receive and accept from any source contributions or money,
property, labor or other things of value to be held, used and applied
only for the purposes for which the grants or loans and contributions
are made;
D.
To acquire in the name of the City, by gift, purchase,
or by the exercise of the right of eminent domain, such lands and
rights and interests therein, including lands under water and riparian
rights, and such personal property as may be deemed necessary for
acquisition, construction, improvement, extension, enlargement or
reconstruction, or for the efficient operation of any facilities acquired
or constructed under the provisions of this act and to hold and dispose
of all real and personal property so acquired;
E.
To make and enter into all contracts and agreements
necessary or incidental to the performance of the City's duties and
the execution of powers authorized under this act, and to employ consulting
and other engineers, superintendents, managers, attorneys, financial
or other consultants or experts, and such other employees and agents
as may be deemed necessary, and to fix their compensation;
F.
Subject to the provisions and restrictions set forth
in the ordinance or resolution authorizing or securing any bonds issued
under the provisions of this act, to enter into contracts with the
federal or state government, or any agency or instrumentality thereof,
or with any other local unit, private corporation, copartnership,
association or individual providing for, or relating to, water supply,
which contracts may provide for the furnishing of water supply services
either by or to the local unit or units, or the joint construction
or operation of water supply facilities;
G.
To fix and collect rates, fees, rents and other charges
in accordance with this act;
H.
To exercise any other powers necessary or incidental
to the effectuation of the general purposes of this act.
A.
Whenever the City chooses to exercise powers granted
hereunder, the City shall make or cause to be made such surveys, investigations,
studies, borings, maps, plans, drawings and estimates of costs and
of revenues as may be necessary.
B.
The cost of the surveys, investigations, studies,
borings, maps, plans, drawings, and estimates, or of any other costs
relating to the acquisition or construction of a water supply facility,
may be paid out of the general funds of the City. The City may be
reimbursed for part or all of the expenditures made in accordance
with this section from the proceeds of bonds issued pursuant to this
act.
All public or private property damaged or destroyed
in carrying out the powers granted by this act shall be restored or
repaired and, as nearly as practicable, placed in its original condition,
or adequate compensation shall be made therefor.
Whenever the City determines that it is necessary
that any public utility facilities such as tracks, pipes, mains, conduits,
cables, wires, towers, poles and other equipment and appliances of
any public utility, as defined in N.J.S.A. 48:2-13, which are now
or hereafter may be located in, on, along, over or under any project,
should be removed, the public utility owning or operating the facilities
shall relocate or remove the same in accordance with the order of
the City; the cost and expense of the relocation or removal, including
the cost of installing the facilities in a new location or new locations,
and the cost of any lands, or any rights or interest in lands, and
any other rights acquired to accomplish the relocation or removal,
less the cost of any lands or any rights of the public utility paid
to the public utility in connection with the relocation or removal
of the property, shall be ascertained and paid as a part of the cost
of the project. In case of any relocation or removal of facilities
pursuant to this section, the public utility owning or operating the
same, its successors or assigns, may maintain and operate the facilities,
with the necessary appurtenances, in the new location for as long
a period, and upon the same terms and conditions, as it had the right
to maintain and operate the facilities in their former location.
A.
The City may issue bonds pursuant to N.J.S.A. 40A:31-1
et seq., in particular N.J.S.A. 40A:31-9, for all or parts of the
cost of the water supply facilities or pursuant to N.J.S.A. 40A:31-15.
B.
The water supply facility shall be deemed a self-liquidating
purpose under certain circumstances (N.J.S.A. 40A:31-16).
C.
Any bonds authorized pursuant to N.J.S.A. 40A:31-1
et seq. are legal investments (N.J.S.A.40A:31-22).
A.
The City shall prescribe, and from time to time may
alter, rates or rentals to be charged to users of the water supply
services. Rates or rentals, being in the nature of use or service
charges or annual rental charges, shall be uniform and equitable for
the same type and class of use or service of the facilities. Rates
or rentals and types and classes of use and service may be based on
any factors which the governing body of the City shall deem proper
and equitable within the region served.
B.
In fixing rates, rentals and other charges for supplying
water services, the City shall establish a rate structure that allows,
within the limits of any lawful covenants made with bond holders,
the City to:
(1)
Recover all costs of acquisition, construction or
operation, including the costs of raw materials, administration, real
or personal property, maintenance, taxes, debt service charges, fees
and an amount equal to any operating budget deficit occurring in the
immediately preceding fiscal year;
(2)
Establish a surplus in an amount sufficient to provide
for the reasonable anticipating of any contingency that may affect
the operation of the utility, and, at the discretion of the City,
allow for the transfer of moneys from the budget for the water supply
facilities to the local budget in accordance with Section 5 of P.L.
1983, c. 111 (N.J.S.A. 40A:4-35.1).
C.
The City shall not, however, impose any rates or rentals
in excess of the cost of water actually used for any sprinkler system
required to be installed in any residential health care facility pursuant
to the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.) and regulations promulgated thereunder or in any
rooming or boarding house pursuant to the Rooming and Boarding House
Act of 1979, P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.) and regulations
promulgated thereunder.
A.
In addition to rates and rentals, a separate charge
in the nature of a connection fee or tapping fee for each connection
of any property with the water supply system may be imposed upon the
owner or occupant of the property so connected. The connection charges
shall be uniform within each class of users, and the amount thereof
shall not exceed the actual cost of the physical connection plus an
amount computed pursuant to N.J.S.A. 40A:31-11 in the following manner
to represent a fair payment towards the cost of the system.
B.
The connection fee shall be recomputed at the end
of each budget year, after a public hearing is held. The revised connection
fee may be imposed upon those who subsequently connect in that budget
year to the system.
C.
The combination of the connection fee or tapping fee
and the aforesaid water service charges shall be such that the revenues
of water supply facilities shall be adequate to pay the expenses of
operation and maintenance of the water supply facilities, including
operating and maintenance of the water supply facilities, including
improvements, extensions, enlargements and replacements to water supply
facilities, reserves, insurance, principal and interest on any bonds,
and to maintain such reserves or sinking funds therefor as may be
required under the bond covenants or any contracts, or as may be deemed
necessary or desirable.
A.
Rates, rentals, connection fees or other charges levied
in accordance with N.J.S.A. 40A:31-10 and 40A:31-11 shall be a first
lien or charge against the property benefitted therefrom. If any part
of the amount due and payable in rates, rentals, connection fees or
other charges remains unpaid for 30 days following the date for the
payment thereof, interest upon the amount unpaid shall accrue at a
rate of interest to be determined in accordance with N.J.S.A. 40A:31-17.
The City Council of the City of Bridgeton may authorize payment of
delinquent assessments on an installment basis in accordance with
N.J.S.A. 54:5-19. Liens levied in accordance with this section shall
be enforceable in the manner provided for real property tax liens
in Chapter 5 of Title 54 of the Revised Statutes.
B.
Nothing in this section shall be construed to limit
the right of the City to discontinue service to any property for the
failure to pay any amount owing within 60 days after the date the
amount is due and payable, if written notice of the proposed discontinuance
of service and of the reasons therefor has been given, within at least
10 days prior to the date of discontinuance, to the owner of record
of the property. In the event that notice is provided by mail, the
notice requirements shall be satisfied if the mailing is made to the
last known address of the owner of record and is postmarked at least
10 days prior to the date of discontinuance.
[Amended 6-19-2000 by Ord. No. 99-21]
The City may determine to have the cost of acquisition
or construction of water supply facilities financed by local improvement
assessments on real properties located within the City pursuant to
N.J.S.A. 40A:31-13 and N.J.S.A. 40A:31-14.
The City shall have the power to authorize,
by resolution, officials to enter into and execute a contract pursuant
to this act for such periods of time and under such terms and conditions
as are deemed proper and necessary, notwithstanding that no appropriation
was made or provided to cover the estimated cost of the contract.
The City Council of the City of Bridgeton shall have full power and
authority to do and perform all acts and things provided under the
terms and conditions of the contract.
The chief fiscal officer of another government
having entered into a contract pursuant to this act shall cause to
be paid to the City such amounts of money at such times as shall be
stipulated in the contract and certified by the City. The power and
obligation to make payments in accordance with the terms of the contract
shall be unlimited, and the sums necessary therefor shall be included
in the annual budget of the other government, which shall be irrevocably
and unconditionally obligated to levy ad valorem taxes on all taxable
property therein, without limits as to rate or amount, to the extent
necessary to make payments in full as due. Any part of a payment that
remains unpaid for 30 days following the date payment is due shall
be assessed an interest charge at a rate of interest at least equal
to the monthly index for the immediately preceding month for twenty-year
tax exempt bond yields as compiled by the bond buyer or any similar
index agreed to by the parties.
A.
The City may authorize officials or other agents of
the City or another local unit to enter upon any land or water for
the purpose of making surveys, studies, investigations or inspections
and, at reasonable hours, to enter any building or other structure
using pipes or any equipment connected to the water supply facilities
or service pipes for compliance with established standards and other
requirements.
B.
The supply of water to any property may be discontinued
if the owner, lessee or other user of that property opposes or obstructs
an authorized official or other agent in the performance of his duties.
The discontinuance shall continue until the required investigations
or inspections are made and any alterations or repairs found to be
necessary have been made and approved by the appropriate official
or agent.
