[HISTORY: Adopted by the Borough Council of the Borough of Beach Haven 7-27-2023 by Ord. No. 2023-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 38, Sewerage Authority, adopted 8-9-1971 as Ch. 25 of the 1971 Code, as amended. Section 4 of this ordinance provided that it shall take effect upon adoption and publication, and after the effective date of the dissolution of the Sewerage Authority pursuant to Ord. No. 2023-20. Ordinance No. 2023-20, adopted 7-27-2023, dissolved the Sewerage Authority effective 7-31-2023.
The governing body of the Borough of Beach Haven ("Borough") does hereby establish a sewer utility to be called the "Borough of Beach Haven Sewer Utility" ("Sewer Utility") in accordance with the enabling legislation, namely, N.J.S.A. 40A:26A-1 et seq. (the "enabling legislation") and N.J.S.A. 40:14A-4.
The Sewer Utility shall be responsible for the operation and maintenance of the Borough's sewage system; shall be empowered to make such improvements as may be necessary thereto and issue bonds in connection therewith; shall have the authority to establish, charge and collect fees for connections, usage and services for direct or indirect use of the sewerage system and have all such other powers and duties as may be specified and prescribed in the aforementioned enabling legislation and other such applicable law.
The Borough Council shall select a Director for the Sewer Utility, who shall serve at the pleasure of the Borough Council. The Sewer Utility Director shall report to the Borough Council and receive such compensation as established by the Borough Council. Additional staff may be hired pursuant to Borough procedures and in accordance with the Sewer Utility budget.
Rates for the connections, user fees and services are set by separate ordinance of the Borough, which is herein incorporated by reference. Such rates, including but not limited to connections, meters, and usage may be subject to periodic review and change as shall be determined by the head of the Sewer Utility.
The moneys derived from the operations of the Sewer Utility and any other moneys applicable to its support shall be segregated by the Borough and held in a separate fund to be known as the "Sewer Utility Fund" as prescribed by N.J.S.A. 40A:4-62 of the Local Budget Law, and shall be applied by the Borough as provided in said N.J.S.A. 40A:4-62. The Borough Administrator and such other person as may be designated by the Borough Administrator are hereby authorized and directed to take such action and prepare such documentation as shall be necessary or appropriate to effectuate the establishment of the Sewer Utility Fund.
As required by N.J.S.A. 40A:4-63 of the Local Budget Law, moneys held in the Sewer Utility Fund shall be treated by Borough officials as moneys held in trust for the purposes for which the Sewer Utility Fund was created, and no banking institution accepting the Sewer Utility Fund shall divert the moneys therein to any other purpose.