[Adopted by Ord. No. 78-10 (§ 2-32
of the Revised General Ordinances), as amended through Ord. No. O-90-9]
There is hereby established a Commission to
be known as the Lake Topanemus Commission.
[Amended 12-27-2005 by Ord. No. O-05-47; 12-27-2005 by Ord. No. O-05-48; 5-23-2006 by Ord. No. O-16-19]
The Commission shall consist of eight Commissioners;
four resident voters from the Borough of Freehold and four resident
voters from the Township of Freehold. A Chairperson shall not vote
except in the case of a tie. In January of each year, the Chairperson
shall be appointed for a period of one year. The terms of office of
the members of the Commission from each respective municipality first
appointed shall be one, two and three years. Thereafter, the term
of each member shall be three years. All members of the Commission
shall be appointed by the governing body of their respective municipality
according to law, which appointment shall commence January 1 and continue
thereafter for the proper tenure. There shall be no prohibition against
any member of either governing body serving as a Commissioner. All
members of the Commission shall serve without compensation. Each Commissioner
may be removed or suspended from office as provided by ordinance of
the municipality from which he shall be appointed.
A.
The Commission shall have the power to sue and be
sued, claim or defend in any court, use a common seal and have such
other corporate powers as may be necessary to carry into effect the
provisions of this article except as specifically modified. The Commission
shall have control and shall maintain Lake Topanemus as a park area
and recreational site for the benefit of the residents of the Township
of Freehold and of the Borough of Freehold. The Commission is authorized
to prepare rules and regulations for the use and maintenance of the
property, which rules and regulations shall be available upon request
by any resident of either municipality, and further pertinent excerpts
of said rules and regulations may be posted conspicuously at the entrances
to the park.
B.
After appointment, the Commission shall organize as
soon as practicable and shall appoint a Secretary and Treasurer who
need not be members of the Commission. The Secretary shall keep correct
minutes of the meetings and transactions of the Commission and shall
perform such other duties as may be required. The Treasurer shall
give bond for the faithful performance of his duties in such amount
as the Commission shall prescribe. The offices of Secretary and Treasurer
may be held by the same person. The respective governing bodies of
the two municipalities shall, by resolution, appoint a Joint Municipal
Auditor who shall determine the allocation of costs and revenues between
the two municipalities and shall certify those costs and revenues
to the two municipalities.
C.
The Commission shall have the power and authority
to hire and fire and fix the salaries of any employees. The Commission
may appoint such other agents and employees as may be deemed necessary
to carry into effect the provisions of this article. No action of
the Commission shall be binding unless taken at a public meeting at
which at least two of the members, including the Chairperson, from
each municipality are present.
[Amended 12-27-2005 by Ord. No. O-05-48; 2-27-2007 by Ord. No. O-07-3]
The Commission shall have no authority or power
to borrow any monies either permanent or temporary and it shall be
limited in its expenditures in an amount not to exceed by 5% the preceding
annual budget, without prior written approval of the two municipalities.
The Township and the borough obligate themselves to appropriate equal
contributions annually to be determined by the Township Committee
and Borough Council as municipal contributions to meet all expenditures
of the Commission during the year of operation. In lieu of the Borough
Council making a contribution, it will provide in-kind services in
an amount equal to the agreed upon contribution.[1]
[1]
Editor's Note: Original Sec. 2-32.5, Advisory
Panel, which immediately followed this section, was deleted 12-27-2005
by Ord. No. O-05-48.
The Commission created herein may be dissolved
by parallel ordinances duly adopted by each municipality within any
single year on condition that the Commission by resolution consents
to such dissolution, and the Commission has no debts or obligations
outstanding.
