[Amended 9-12-1979; 7-9-1980; 6-10-1981 by Ord. No. 8-1981]
A.
The Atlantic Utilities Sewerage Authority, having
been established pursuant to the Sewerage Authorities Law, N.J.S.A.
40:14A-1 et seq., shall be and hereby is reorganized as the Atlantic
County Utilities Authority, pursuant to the provisions of N.J.S.A.
40:14B-6, and is constituted an agency and instrumentality of the
County exercising public and essential government functions, subject
to the provisions of N.J.S.A. 40:41A-30, as amended, and to the provisions
contained herein.
[Amended 8-6-1996 by Ord. No. 12-1996]
B.
The Atlantic County Improvement Authority, having
been established pursuant to N.J.S.A. 40:37A-1 et seq., shall be and
hereby is continued as an agency and instrumentality of the County
exercising public and essential governmental functions, subject to
the provisions of N.J.S.A. 40:41A-30, as amended, and to the provisions
contained herein.
D.
All County authorities herein reorganized or continued
shall continue to function and operate pursuant to the provisions
of the general law by which each was established or reorganized, provided
that such general law does not conflict with, nor is contrary to,
any provision of the Optional County Charter Law or any provision
of this Administrative Code.
[Amended 8-6-1996 by Ord. No. 12-1996]
A.
The minutes of every meeting of any authority shall
be subject to the authority vested in the County Executive pursuant
to N.J.S.A. 40:41A-37 et seq. The minutes of every meeting of an authority
created herein shall be delivered by the end of the fifth business
day following the meeting, except as otherwise provided herein, by
and under the certification of the Secretary of the authority to the
County Executive. Except as otherwise provided herein, no action taken
at a meeting by the members of an authority shall be effective until
approved by the County Executive or until 10 days after a copy of
the minutes shall have been delivered. If, within the ten-day period,
the County Executive returns to the authority and to the Board of
County Commissioners the copy of the minutes with a veto of any action
taken by the authority or any member thereof at a meeting, together
with a written explanation of the reasons for his or her veto of the
action, that action shall be of no effect unless the Board of County
Commissioners overrides the veto of the action by a majority vote
of its full membership within 10 days of the receipt of the veto action.
The County Executive may approve all or any part of an action taken
at a meeting prior to the expiration of the ten-day period. If the
County Executive takes no action with respect to the minutes within
the ten-day period, the minutes shall be deemed to be approved. The
veto powers accorded under this subsection shall not effect in any
way the covenants contained in the bond indentures of the authority
or any collective bargaining agreement or binding arbitration decisions
affecting employees of the authority.
B.
No resolution or other action of the authority providing
for the issuance or refunding of bonds or other financial obligations
shall be adopted or otherwise made effective by the authority without
the prior approval, in writing, of the County Executive. This power
shall be exercised with due regard for the rights of the holders of
bonds of the authority at any time outstanding, and nothing in, or
done pursuant to, this subsection shall in any way limit, restrict
or alter the obligation or powers of the authority or any representative
or officer of the authority to carry out and perform in every detail
each and every covenant, agreement or contract at any time made or
entered into by or on behalf of the authority with respect to its
bonds or for the benefit, protection or security of the holders thereof.
C.
If 2/3 or more of the members of an authority make
the determination that an action taken at a meeting is in response
to an emergency situation, a copy of the minutes of that meeting shall
be delivered to the County Executive as soon as practicable following
the meeting, and the County Executive shall have up to 24 hours after
the copy of the minutes has been delivered to approve or veto the
minutes of that meeting. If the County Executive takes no action with
respect to the minutes within the twenty-four-hour period, the minutes
shall be deemed approved. If, within the twenty-four-hour period,
the County Executive returns to the authority and to the Board of
County Commissioners a copy of the minutes with a veto of any action
taken by the authority or any member thereof at the meeting, together
with a written explanation of the reasons for his or her veto of the
action, that action shall be of no effect unless the Board of County
Commissioners overrides a veto of the action by a majority vote of
its full membership within 48 hours of the receipt of the veto action.
A.
The Atlantic County Utilities Authority shall be composed
of seven members, who shall be appointed for five-year terms commencing
on May 1 and expiring on May 1 of the fifth succeeding year, except
that of those first appointed, two shall serve for terms of one year,
one for two years, two for three years, one for four years and one
for five years. Each member shall hold office for the term of appointment.
In the event that a successor shall not have been appointed and qualified,
a vacancy shall exist in that position. Any vacancy in the membership
of the Authority shall be filled by appointment for the unexpired
term.
B.
The Atlantic County Improvement Authority shall be
composed of nine members who shall be appointed for five-year terms
commencing on May 1 and expiring on May 1 of the fifth succeeding
year, except that of those first appointed, two shall serve for terms
of one year, one for two years, two for three years, one for four
years and one for five years. Each member shall hold office for the
term of the appointment. In the event that a successor shall not have
been appointed and qualified, a vacancy shall exist in that position.
Any vacancy in the membership of the Authority shall be filled by
appointment for the unexpired term.[1]
[Amended 5-13-2014 by Ord. No. 8-2014]
[1]
Editor's Note: Former Subsection C, which
immediately followed this subsection, regarding the Atlantic County
Transportation Authority, was repealed 2-15-1992 by Ord. No. 12-1992.
Notwithstanding the provisions of N.J.S.A. 40:14B-16
and N.J.S.A. 40:37A-53, members of the County Utilities Authority
and the County Improvement Authority shall be subject to removal in
accordance with the procedures enumerated in N.J.S.A. 40:41A-87.[1]
[1]
Editor's Note: Former Subsection B, which
immediately followed this section, regarding the Atlantic County Transportation
Authority, was repealed 2-15-1992 by Ord. No. 12-1992.
A.
Each authority may, within the limits of County appropriations
or other funds available to it, employ such staff, including, without
limitation, legal counsel, accountant, auditor and executive director,
as it deems necessary and proper to the discharge of its duties and
responsibilities.
B.
Members of each authority shall only receive such
compensation, if any, as may be provided by ordinance adopted by the
Board of County Commissioners, except that no member of the Board
of County Commissioners or any County employee who shall be appointed
as a member of any authority shall receive any compensation as such
authority member.
C.
Members of each authority shall be subject to the
provisions of the Atlantic County Ethics Ordinance, adopted July 25,
1978, and all subsequent amendments.
[Added 8-21-1984 by Ord. No. 21A-1984]
Each authority shall file with the Clerk of
the Board of County Commissioners and the County Executive within
60 days after the close of its fiscal year an annual report which
shall include a summary of its accomplishments during the year, a
statement as to its fiscal status and a description of its goals during
the coming year.
A.
The Atlantic County Utilities Authority is hereby
designated as the County agency having responsibility for implementing
the Atlantic County Solid Waste Management Plan and the Atlantic County
Recycling Plan.
[Amended 3-8-1988 by Ord. No. 9-1988; 3-15-1988 by Ord. No. 7-1988]
B.
The Atlantic County Utilities Authority shall report
to the County Executive at such times as the County Executive shall
designate concerning the implementation of the Solid Waste Management
Plan. The report shall be in the form and shall contain information
that the County Executive determines to be appropriate.
[Added 5-27-1997 by Ord. No. 7-1997]
A.
The Atlantic County Improvement Authority (ACIA) is
hereby designated as the County agency having responsibility for implementing
the Atlantic County Office of Community Development.
B.
The Office shall:
(1)
Provide assistance to County residents who qualify
based on economic need in obtaining necessary housing rehabilitation.
(2)
Administer state and federal grants received by the
County or by the ACIA for community development programs.
(3)
Assist municipalities in administering small cities
programs for residential rehabilitation and neighborhood infrastructure
improvements.
