[1973 Code § 33-1]
There hereby is created a Sewerage Authority in the Borough
of Rockleigh pursuant to New Jersey Statute 40:14A-1 et seq., a public
body corporate and politic having all of the responsibility, power
and discretion set forth in said statute and the amendments thereto
and in this chapter.
[1973 Code § 33-2]
The name of the Sewerage Authority shall be the "Rockleigh Sewerage
Authority."
[1973 Code § 33-3; Ord. No. 2-01-02]
a.
The Rockleigh Sewerage Authority shall consist of five (5) members,
who shall be appointed by resolution of the Mayor and Council of the
Borough of Rockleigh. The members first appointed shall be designated
to serve for terms respectively expiring on the first day of the first,
second, third, fourth and fifth Februarys next ensuing after the date
of their appointment. On or after January 1 in each year after such
first appointments, one (1) person shall be appointed as a member
of the Rockleigh Sewerage Authority to serve for a term commencing
on February 1 in such year and expiring on February 1 in the fifth
year after such year. In the event of a vacancy occurring during an
unexpired term of office, a person shall be appointed to serve for
such unexpired term.
b.
The Rockleigh Sewerage Authority shall also consist of two (2) alternate
members to be designated as "Alternate No. 1" and "Alternate No. 2"
who shall serve during the absence of or disqualification of any regular
member or members. The term of each alternate member shall be five
(5) years commencing on February 1 of the year of appointment; provided
however, that in the event the two (2) alternate members are appointed
during the same year, then the initial term of Alternate No. 1 shall
be four (4) years and the initial term of Alternate No. 2 shall be
five (5) years. The terms shall commence on the date of the appointment
of each alternate member and shall expire on the fourth or fifth January
31, as the case may be, next ensuing after the dates of their appointments.
Alternate members may participate in discussions of the proceedings,
but may not vote, except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member.
[1973 Code § 33-4]
The Mayor and Council may, by ordinance duly adopted, dissolve
the Rockleigh Sewerage Authority on the condition that:
[1973 Code § 33-5]
The powers of the Rockleigh Sewerage Authority shall be vested
in the members thereof in office. A majority of the entire authorized
membership of the Rockleigh Sewerage Authority shall constitute a
quorum at any meeting thereof. Action may be taken and motions and
resolutions adopted by the Rockleigh Sewerage Authority at any meeting
of the members thereof by vote of a majority of the members present,
unless in any case the bylaws shall require a larger number. The Rockleigh
Sewerage Authority may delegate to one (1) or more of its officers,
agents or employees such powers and duties as it may deem proper.
[1973 Code § 33-6]
Each member of the Rockleigh Sewerage Authority shall hold office
for the term for which he was appointed and until his successor has
been appointed and has qualified.
[1973 Code § 33-7]
No member or employee of the Rockleigh Sewerage Authority shall
have or acquire any interest, direct or indirect, in the sewerage
system or in any property included or planned to be included in the
sewerage system or in any contract or proposed contract for materials
or services to be furnished to or used by the Rockleigh Sewerage Authority,
but neither the holding of any office or employment in the government
of any county or municipality or under any law of the State, nor the
owning of any property within the State shall be deemed a disqualification
for membership in or employment by the Rockleigh Sewerage Authority,
and members of the Governing Body of the Borough of Rockleigh may
be appointed by the Mayor and Council of the Borough of Rockleigh
and may serve as members of the Rockleigh Sewerage Authority. A member
of the Rockleigh Sewerage Authority may be removed only by the Mayor
and Council of the Borough of Rockleigh for inefficiency, neglect
of duty or misconduct in office and after he has been given a copy
of the charges against him and, not sooner than ten (10) days thereafter,
had opportunity in person or by counsel to be heard thereon by the
Mayor and Council.
[1973 Code § 33-8]
The Rockleigh Sewerage Authority may reimburse its members for
necessary expenses incurred in the discharge of their duties. No member
of the Rockleigh Sewerage Authority shall receive any compensation
for his services except as provided in this section or amendments
hereto.
[1973 Code § 33-9]
The Rockleigh Sewerage Authority, upon the first appointment
of its members and thereafter on or after the first day of February
in each year, shall annually elect from among its members a Chairman
and a Vice-Chairman, who shall hold office until the first day of
February next ensuring and until their respective successors have
been appointed and have qualified. It may also, without regard to
the provisions of Title II of the Revised Statutes, appoint and employ
a Secretary and such professional and technical advisers and experts
and such other officers, agents and employees as it may require, and
shall determine their qualifications, terms of office, duties and
compensation.
[1973 Code § 33-10]
The purpose of the Rockleigh Sewerage Authority shall be the
relief of waters in or bordering the State from pollution arising
from causes within the district and the relief of waters in, bordering
or entering the district from pollution or threatened pollution and
the consequent improvement of conditions affecting the public health.
[1973 Code § 33-11]
The Rockleigh Sewerage Authority is hereby authorized and directed,
subject to the limitations of New Jersey Statute 40:14A-1 et seq.,
to acquire, in its own name but for the Rockleigh Sewerage Authority,
by purchase, gift, condemnation or otherwise, and, notwithstanding
the provisions of any charter, ordinance or resolution of any county
or municipality to the contrary, to construct, maintain, operate and
use such trunk, intercepting and outlet sewers, conduits, pipelines,
pumping and ventilating stations, treatment plants or works at such
places within or without the district, such compensating reservoirs
within the county in which the district lies, and such other plants,
structures, boats and conveyances as in the judgment of the Rockleigh
Sewerage Authority will provide an effective and satisfactory method
for promoting the purpose of the Rockleigh Sewerage Authority.
[1973 Code § 33-12]
The Rockleigh Sewerage Authority is hereby authorized and directed,
when in its judgment its sewerage system or any part thereof will
permit, to collect from any and all public systems within the district
all sewage and to treat and dispose of the same in such manner as
to promote the purposes of the Rockleigh Sewerage Authority.
[1973 Code § 33-13]
The Rockleigh Sewerage Authority shall have the following powers:
a.
To adopt
and have a common seal and to alter the same at pleasure.
b.
To sue
and be sued
c.
In the
name of the Rockleigh Sewerage Authority and on its behalf, to acquire,
hold, use and dispose of its service charges and other revenues and
other moneys.
d.
In the
name of the Rockleigh Sewerage Authority but for the local unit or
units, to acquire, hold, use and dispose of other personal property
for the purpose of the Rockleigh Sewerage Authority.
e.
In the
name of the Rockleigh Sewerage Authority but for the local unit or
units, to acquire, by purchase, gift, condemnation or otherwise, real
property and easements therein necessary or useful and convenient
for the purpose of the Sewerage Authority and subject to mortgages,
deeds of trust or other liens or otherwise, and to hold and to use
the same, and to dispose of property so acquired no longer necessary
for the purposes of the Rockleigh Sewerage Authority.
f.
To provide
for and secure the payment of any bonds and the rights of the holders
thereof, and to purchase, hold and dispose of any bonds.
g.
To accept
gifts or grants of real or personal property, money, material, labor
or supplies for the purposes of the Rockleigh Sewerage Authority,
and to make and perform such agreements and contracts as may be necessary
or convenient in connection with the procuring, acceptance or disposition
of such gifts or grants.
h.
To enter
on any lands, waters or premises for the purpose of making surveys,
borings, soundings and examinations for the purposes of the Rockleigh
Sewerage Authority.
i.
To make
and enforce bylaws or rules and regulations for the management and
regulation of its business and affairs and for the use, maintenance
and operation of the sewerage system and any other of its properties,
and to amend the same.
j.
To do and
perform any acts and things authorized by New Jersey Statutes 40:14A-1
et seq., under, through or by means of its own officers, agents and
employees or by contracts with any persons.
k.
To enter
into any and all contracts, execute any and all instruments and do
and perform any and all acts or things necessary, convenient or desirable
for the Rockleigh Sewerage Authority, or to carry out any power expressly
given in New Jersey Statute 40:14A-1 et seq.
