[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]
Article I (Reserved)
Article II Western Monmouth Utilities Authority
Editor's Note: The Marlboro Township Municipal Utilities Authority, created 5-24-1962, was dissolved 12-18-2009 by Ord. No. 2009-45. This ordinance also made adequate provision for the payment of creditors or obligees of the Authority and the assumption of services provided by the Authority. Pursuant to Ord. No. 2009-46, adopted 12-18-2009, the Division of Water Utility was created within the Department of Public Works for the purpose of operating the facilities previously operated by the MTMUA. See now § 4-88.1.
[Adopted 3-9-1972 by Ord. No. 9-72 (Ch. 36, Art. II of the 1981 Code)]
Pursuant to the provisions of the Municipal Utilities Authorities Law (Laws of 1957, Chapter 183, as supplemented and amended), there is hereby created a public body corporate and politic under the name and style of the "Western Monmouth Utilities Authority."
The Western Monmouth Utilities Authority is and shall be an agency and instrumentality of the municipalities created by parallel ordinances duly adopted by their governing bodies and is a utility authority as contemplated and provided for by said Municipal Utilities Authorities Law and shall have and exercise all of the powers and perform all of the duties provided for by said Municipal Utilities Authorities Law and any other statutes heretofore or hereafter enacted applicable thereto.
[Amended 2-14-1980 by Ord. No. 2-80; 4-22-1993 by Ord. No. 20-93; 1-24-2002 by Ord. No. 2002-1]
The Western Monmouth Utilities Authority shall consist of four members thereof; two of such members shall be appointed by a majority vote of the Township Committee of the Township of Manalapan, and two of such members shall be appointed by a majority vote of the Township Council of the Township of Marlboro, both of whom shall be Marlboro residents who are not simultaneously serving as members of the municipal governing body of the Township of Marlboro. The members next appointed to the Authority after November 8, 1999, the effective date of P.L. 1999, c. 268, amending N.J.S.A. 40:14B-5, shall divide themselves by lot into classes as set forth in N.J.S.A. 40:14B-5, with the members composing the first class serving a term of five years; the members composing the second class serving a term of four years; the members composing the third class, if any, serving a term of three years; the members composing the fourth class, if any, serving a term of two years; and the members composing the fifth class, if any, serving a term of one year. On or after January 1 in the year in which the terms of such next appointments expire, the appropriate number of persons shall be appointed as members of the Authority for terms commencing on February 1 in such year and expiring on February 1 in the fifth year after such year.
[Added 1-24-1974 by Ord. No. 2-74]
The members of the Authority shall have the right to employ such personnel as they may deem necessary for the orderly and efficient conduct of the business of the Authority. Such personnel shall include, but not be limited to, an Executive Director, Attorney or Attorneys, Engineer or Engineers, Auditor, Clerk and secretarial personnel, licensed plant operator or operators and maintenance personnel.
Compensation shall be paid to the members of the Authority in an amount not to exceed $4,000 per annum. The amount to be paid in any one year shall be by resolution of the members of the Authority.
The Western Monmouth Utilities Authority shall have the power to acquire, construct, maintain, operate or improve works for the accumulation, supply, treatment and distribution of water and works for the collection, treatment, purification or disposal of sewerage or other waste and further authorizing services to occupants of property.
[Amended 1-24-1974 by Ord. No. 2-74]
The areas to be served by said Western Monmouth Utilities Authority includes all of that area as shown on the attached map, designated as the "Map of the Western Monmouth Utilities Authority," and may further include those areas outside said map area, which are presently or formerly serviced by the Pine Brook Sewer Company, Gordons Corner Water Company, Village Water Company, Central Jersey Water Company, Central Jersey Sewer Company, and any other sewer and water utilities within the municipalities comprising the Western Monmouth Utilities Authority area. In addition, the Authority would serve tributary areas in the adjoining municipalities as shown on the map above referred to.
Editor's Note: Said map is on file in the office of the Township Clerk.
The Townships of Marlboro and Manalapan agree that the installation and construction of the Holiday North sewer interceptor line in accordance with the Water and Sewer Feasibility Study and Master Plan of the Township of Manalapan be included in the original bond resolution of the Western Monmouth Utilities Authority created by this article and the construction relating thereto commence within the first fiscal year of its operation.
A copy of this article duly certified by the Township Clerk shall forthwith be filed by said Township Clerk in the office of the Secretary of State of the State of New Jersey, pursuant to the provisions of the Municipal Utilities Authorities Law.
This article shall take effect 10 days after publication thereof by title after its final passage, as provided by law, but shall be of no further force or effect after March 31, 1972, unless on or before said date a parallel ordinance shall have been adopted by the governing body of each of the other municipalities.