A municipal sewer utility is hereby established within the Borough
of Washington, in the County of Warren, for the regulation and operation
of the municipal wastewater treatment plant and collection system,
to ensure proper operation, protection and preservation of the wastewater
treatment plant and collection system, to fix the amount and charges
for the use therefor and to provide rules and regulations therefor.
The municipal wastewater treatment plant and collection system, including
any appurtenant structures, works, fixtures and equipment relating
thereto and all extensions and improvements thereof situate in, constructed
or acquired at public expense by the Borough of Washington (the system),
shall hereafter be operated under the direction and control of the
Mayor and Council of the Borough of Washington as a publicly owned
municipal sewer utility and shall, for accounting purposes, be a separate
entity having its own borrowing capacity, its own separate accounts
and its own separate property, whether real, personal or mixed, within
the meaning of N.J.S.A. 40A:4-33 and N.J.S.A. 40A:26A-1 et seq., amendments
thereof and supplements thereto, and all other provisions of other
applicable laws.
The municipal sewer utility for the Borough of Washington shall
be known as the "Borough of Washington Municipal Sewer Utility (BOWMSU)."
The Borough of Washington Municipal Sewer Utility shall have
the following powers and authority:
A.Â
To acquire, construct, improve, extend, enlarge or reconstruct and
finance sewerage facilities in the Borough and beyond its borders
and to operate, manage and control all or part of these facilities
and all properties relating thereto.
B.Â
To issue bonds to pay all or part of the cost of the purchase, construction,
improvements, extension, enlargement or reconstruction of the system.
C.Â
To receive and accept from the federal or state government, or any
agency or instrumentality thereof, grants or loans for, or in aid
of, the planning, purchase, construction, improvement, extension,
enlargement or reconstruction, or financing of sewerage facilities,
and to receive and accept from any source, contributions of money,
property, labor or other things of value to be held, used and applied
only for the purposes for which the grants or loans and contributions
are made.
D.Â
To acquire in its name by gift, purchase or by the exercise of the
right of eminent domain lands and rights and interests therein located
within and outside of the Borough, including lands under water and
riparian rights, and personal property as may be deemed necessary
for acquisition, construction, improvement, extension, enlargement
or reconstruction or for the efficient operation of any facilities
acquired or constructed and to hold and dispose of all real and personal
property so acquired.
E.Â
To make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of powers
authorized by law, and to employ engineers, superintendents, managers,
attorneys, financial or other consultants or experts and other employees
and agents as may be deemed necessary and to fix their compensation.
F.Â
Subject to the provisions and restrictions set forth in the ordinance
authorizing or securing any bonds issued, to enter into contracts
with the federal or state government, or any agency or instrumentality
thereof, or with any other local unit, private corporation, copartnership,
association or individual providing for, or relating to, sewerage
services, which contracts may provide for the furnishing of wastewater
facility services either by or to the local unit or units or the joint
construction or operation of sewerage facilities.
G.Â
To fix and collect rates, fees, rents and other charges in accordance
with law.
H.Â
To prevent toxic pollutants from entering the system.
I.Â
To exercise any other powers necessary or incidental to the effectuation
of the general purpose for which it was created.
A.Â
The Borough of Washington Municipal Sewer Utility shall be operated under the direction and control of the Mayor and Council of the Borough of Washington, which shall establish all policies for the operation thereof. The Borough Manager shall be the chief executive and administrative officer thereof and shall manage and oversee all of its administrative and operating affairs. The Manager shall have such authority to operate the BOWMSU as set forth in Borough Code § 3-20 and those statutes authorizing a Council-Manager form of government for the Borough of Washington.
B.Â
The Borough Manager shall appoint from time to time such employees
and other personnel as the Manager shall deem necessary for the proper
administration of the business of said sewer utility in accordance
with the budget adopted by the Mayor and Council.
