There is hereby established in the City of Paterson (the "City")
a municipal public sewer utility, which utility shall be publicly
owned and shall for accounting purposes be a separate utility, having
its own borrowing capacity, its own separate accounts and its own
separate property, whether it be real, personal or mixed. The name
by which the utility shall be known shall be "The City of Paterson
Sewer Utility."
The sewer system shall be operated by the City as a municipal
public utility to be operated pursuant to the provisions of the Local
Budget Law, codified at N.J.S.A. 40A:4-1 et seq., the Local Bond Law,
codified at N.J.S.A. 40A:2-1 et seq., and the Municipal and County
Sewerage Act, codified at N.J.S.A. 40A:26A-1 et seq., and any successor
statutes, and as otherwise provided by law. All rents, rates, fees
and other charges shall continue to be provided for in the Code of
the City of Paterson. All rents, rates, fees or other charges received
by the City in connection therewith shall be kept in funds separate
from other City revenues, to be used only for the purposes of such
municipal public sewer utility.
The Sewer Utility shall have all powers and authority as provided
for in the Local Budget Law, codified at N.J.S.A. 40A:4-1 et seq.,
and the Municipal and County Sewerage Act, codified at N.J.S.A. 40A:26A-1
et seq., and any successor statutes, and as otherwise authorized by
law.
The Sewer Utility shall be under the direct control of the Finance
Director, and his or her designees. In turn, the authority of the
Finance Director to control the Sewer Utility shall be subject to
the authority of the Mayor and Council, to the same extent that the
general operations of the Department of Finance are subject to such
authority under the laws of this state.
[Added 2-23-2021 by Ord.
No. 21-006]
Notwithstanding any provision to the contrary, retroactive to
the end of calendar year 2020 the Sewer Utility shall cease to exist
as a self-liquidating (i.e., financially self-sufficient) entity,
such that all rents, rates, fees or other charges received by the
City in connection with sewers shall no longer be kept separate from
other City revenues, and such that sewer expenses shall be paid as
all other municipal expenses.