[Adopted 9-4-2019 by Ord. No. 9/19[2]]
[1]
Editor's Note: Former Art. II, Establishment, adopted 11-27-1963 by Ord. No. 917, as amended, was repealed 9-4-2019 by Ord. No. 8/19.
[2]
Editor's Note: Pursuant to this ordinance, the title of this Part 2, which was formerly Parking Authority, was amended.
WHEREAS, the Board of Commissioners of the Town of West New York, in the County of Hudson, State of New Jersey (the "Town"), has determined that it is in the best interests of the residents of the Town to dissolve the Parking Authority of the Town of West New York (the "WNYPA") and merge the duties and responsibilities thereof into a newly formulated municipal parking utility; and
WHEREAS, pursuant to statute, a municipality is permitted to operate municipal utilities; and
WHEREAS, pursuant to N.J.S.A. 40A:1-1, a municipal public utility is defined as any enterprise from which a municipality anticipates it will receive fees, rents or other charges; and
WHEREAS, a municipal utility is required for accounting and budgetary purposes, to be treated as a separate and distinct entity pursuant to N.J.S.A. 40A:4-62; and
WHEREAS, in light of the dissolution of the WNYPA, the Town wishes to create a municipal utility encompassing its parking operations to accurately and properly budget and account for the expenses and revenues relating thereto in a manner which is permitted by statute and which is separate and distinct from the usual operations of municipal government:
There is hereby created under the terms of this article a public utility for the purpose of managing its parking operations within the Town of West New York, County of Hudson, State of New Jersey. For budgetary and accounting purposes, this utility shall be a separate entity, having its own separate accounts and its own separate property, whether it be real, personal or mixed.
The name by which the Utility shall be known is "The West New York Parking Utility," and hereinafter the "Utility."
It shall be the function of the Utility to budget and account for the parking operations undertaken by the Town; to preserve, care for, lay out, construct, maintain, improve and operate lands, buildings, and facilities used for the provision of public parking and the enforcement of the Town's laws and regulations concerning parking; to construct, reconstruct, alter, provide, renew and maintain buildings or other structures and equipment and provide for the care, custody and control thereof in the operation of the Utility; to raise money necessary to pay for the lands, rights or interest therein acquired for parking activities, and for improving and equipping the same; to pay or make provision for the payment of the reasonable expenses in each fiscal year of the Utility; to pay to those persons entitled thereto the interest and principal on notes and bonds of the Utility, and to deposit and accumulate reserve funds or reserves.
The Utility shall be governed by the ordinances, the Administrative Code, and the resolutions adopted by the Board of Commissioners and by administrative directives.
The financial affairs of the Utility shall be governed in accordance with the statutes applying to the financial affairs of the municipality and utilities in general.
The Utility may, from time to time, acquire such real property as may be authorized by the Board of Commissioners by duly adopted ordinances according to the laws of the State of New Jersey.
The Director of the Department of Public Safety shall have the full authority to appoint and employ all necessary employees for the Utility. Salaries of the employees will be in accordance with classification and salary ordinances duly adopted by the Town Board of Commissioners. Portions of salaries of existing employees may be prorated based on the amount of time spent on parking operations compared to the employees' full-time Town responsibilities.
The Utility shall have authority to charge and collect monies for the use of the utilities facilities whether they be user charges, rental fees, or lease payments, and to use these monies to defray the cost of acquisition of lands, buildings and facilities, rights and interests therein, to equip the facilities, to pay the Utility's current expenses and to pay the interest and principal on notes and bonds all in accordance with such duly adopted ordinances and/or resolutions of the Board of Commissioners. The initial rates and fees shall be as currently on file with the WNYPA.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this article.