[HISTORY: Adopted by the Township Committee
of the Township of Wall as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-25-2008 by Ord. No. 22-2008]
A.
The municipalities of the Boroughs of Brielle, Spring
Lake, Spring Lake Heights, Sea Girt and the Township of Wall (collectively
the "treated water purchasers") are currently parties to individual
treated water purchase contracts dated September 1, 1987, between
the respective municipalities and the Monmouth County Improvement
Authority ("Treated Water Purchase Contract"). The current relationship
amongst the treated water purchasers is in the nature of an interlocal
services arrangement intended to collectively benefit all Treated
Water Purchasers. Section 17 of the Treated Water Purchase Contract
grants an option to the treated water purchasers to purchase the water
treatment and transmission facilities from the Monmouth County Improvement
Authority.
B.
The governing body of the Township of Wall and the
governing bodies of the other treated water purchasers have determined
that their respective financial interests and thereby the interests
of their residents would be better served and furthered by establishing
a joint entity comprised of representatives of the treated water purchasers
for the purpose of purchasing the water treatment and transmission
facilities from the Monmouth County Improvement Authority. The intent
and purpose of this enactment is to establish the joint authority.
Pursuant to N.J.S.A. 40:14B-5, there is hereby
established a joint municipal water authority to be known as the Southeast
Monmouth Utility Authority ("Authority") consisting of one member
from the Township of Wall; one member from the Borough of Brielle;
one member from the Borough of Spring Lake; one member from the Borough
of Spring Lake Heights and one member from the Borough of Sea Girt.
The Authority shall possess such powers as authorized
by law and approved by the local Finance Board.
Upon creation of the Authority in accordance
with applicable law, the governing body shall appoint by resolution
one individual to serve as a member of the Authority.
The Authority shall be governed by the bylaws
established by the Authority.
The governing body considered alternate means
of undertaking and financing the proposed project and has determined
that the creation of an authority is the most efficient and feasible
means of providing and financing the project.
