[HISTORY: Adopted by the Township Council of the Township of Allamuchy 11-1-1984 (Ch. 50, Art. I, of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Water utilities — See Ch. 60.
Land development — See Ch. 190.
Pursuant to N.J.S.A. 40:62-96 et seq., a water district is hereby created within the Township of Allamuchy, Warren County, which is more particularly described as follows: all those certain pieces, tracts or parcels of land situate in the Township of Allamuchy, County of Warren, State of New Jersey, and bounded and described as follows:
Block
Tax Lot
402
4
504
9
503
4
401
14.15
502
4
504
2
504
3
401
12
504
5
504
12
502
3
504
11
402
2
504
14
504
13
504
10
402
5
503
5
503
6
504
4
504
6
504
7
401
11.03
502
2
401
13
502
1
503
2
401
6
401
11.04
402
1
402
100
The name of the water district shall be "Water District No. 1" in the Township of Allamuchy and County of Warren.
The governing body of said water district shall be known by the name "Commissioners of Water District No. 1" in the Township of Allamuchy and County of Warren. The Township Council shall serve in such capacity until such time that it may decide to call for the election of Water Commissioners, who shall succeed to the duties which were then exercised by said Township Council. Should such election be held, the Commissioners shall consist of five legal residents of the district, who shall be elected in accordance with N.J.S.A. 40:62-105.1 through 40:62-105.23. The Water Commissioners so elected shall have all of the rights and powers within said district as conferred upon them by law.
Said water district shall have the power to provide for, by contract or otherwise, the construction, operation and maintenance of a water system or systems, including, if deemed advisable or necessary, the purchase of land and the purchase of or construction and installation, operation and maintenance of structures, reservoirs, wells, waterworks, purification systems, storage capacity, distribution systems, hydrants, pumping stations and any and all other capital improvements necessary to provide a good and sufficient water supply within said district.
Said water district shall have the power to provide, by contract with any person or municipality, for the necessary installation, construction, operation or maintenance of said water system or for the furnishing of a good and sufficient water supply for said system.
The cost of the creation and establishment of such water district and the cost of the installation and construction of the water system shall be assessed against the real estate benefited thereby.
The cost of operation and maintenance shall be assessed against the property owners using said water within the district, either through taxation or water charges.
The water district or the Township of Allamuchy shall have the power to issue bonds, notes or other evidences of indebtedness to finance the cost of said creation and establishment, including any costs incurred to date, and the cost of construction and installation of the water system, including the cost of any assets purchased for use by the water district, and the cost of amortization and interest required by these bonds shall be raised by taxation against the persons owning real estate within said water district.
The cost of any and all work contemplated under the provisions of this chapter or the cost of any work done to provide for such a water district prior to its adoption may be paid for by bonds or notes issued pursuant to N.J.S.A. 40A:2-1 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The water district shall be empowered to carry on its business as a public utility and may assess the entire cost or any part thereof of operation, maintenance or any other expenses connected with such water system, waterworks and pumping stations operated by it on the property owners using said water through charges for water used, based on a meter, fixture or flat rate, as determined by the governing body of said district directing the operation of said district. Said expenses shall be met by taxes to be assessed and levied on the property lying and being in the water district, and such assessment and levy shall be made and such taxes collected as other taxes.
To meet the expense of the operation and maintenance of such water system, tax anticipation and tax revenue notes or bonds may be issued by the governing body in the manner provided by law, but such notes or bonds shall be issued and charged only against taxes for the district supplied with water. To meet the expense of the operation and maintenance of the water system for the calendar year in which the system is installed, tax anticipation notes or bonds may be issued by the governing body against taxes to be levied and assessed for the following year against property in the district, which notes or bonds shall mature not later than December 31 of such following year and may be extended or refunded as provided by law in the case of other tax anticipation notes or bonds. All such tax anticipation or tax revenue notes shall state, in addition to any statement required by law, that they are issued against taxes for the water district.
The governing body of said district, after 15 days' notice published in a paper circulating in the municipality and published in Warren County, may provide that all property owners within the water district must pay the minimum charge for water in said district.
Said water district or the Township of Allamuchy shall have all of the powers provided for by N.J.S.A. 40:62-96 through 40:62-105, and said provisions are herein incorporated whether herein mentioned or not, including the power to issue bonds or notes under the provisions of N.J.S.A. 40:62-100 and N.J.S.A. 40:62-103.