There is hereby created a fund or account to
be known or designated as the "Borough of Alpha Trust Account." Disbursement
from said account shall be made by checks signed by the Treasurer
and countersigned by the Mayor and Clerk after approval by the governing
body.
Whenever any person, firm or corporation has
agreed, or is otherwise required, to reimburse the Borough of Alpha
for costs, expenses or fees of any kind or character, all sums paid
by any such third person to the Borough of Alpha shall be deposited
in the Trust Account herein established. Funds received from such
third persons may be to cover such things as the following enumerated
costs, expenses or fees but are not limited thereto: the costs of
preparing and publishing any notice, ordinance or resolution; the
costs of mailing notices required pursuant to the provisions of any
law or ordinance; the legal fees of the Municipal Attorney or the
Attorney for the Planning Board or any other local agency incurred
by reason of preparation of papers, ordinances, attendance at conferences
or other services; the fees of the Borough Engineer incurred by reason
of making inspections required by the governing body, Planning Board
or other official body or made pursuant to the provision of any ordinance
or for the preparation of plans or other services required by the
Borough; the fees of the Borough Planning Consultant for consultations
or special planning work required in connection with any proposed
development of land within the Borough of Alpha; and the fees, expenses
or charges or the estimated pro rata costs to the Borough for any
services rendered by any Borough official or employee, all as directed
by the governing body under circumstances where the Borough of Alpha
is entitled to be reimbursed for the costs, expenses and charges incurred
by it in connection therewith.
Except where there is a specific ordinance requirement
as to the amount of any deposit, the governing body shall, by resolution,
detail the services to be performed by any of said Borough officials
or employees and shall obtain an estimate of the costs of such services
and of all other charges or costs which may be involved. Said resolution
shall provide the sum which shall be deposited by the third person,
firm or corporation as agreed with the governing body, and all terms
and conditions relating thereto. Said amount, upon receipt, shall
be deposited in the Trust Account and shall be disbursed therefrom
only as may be directed by the governing body.
Excess and insufficient funds. Upon deposit
of said sum or sums as directed by the governing body in the Trust
Account, the officer or employees of the Borough who have been so
designated or directed may proceed to perform such services or incur
such costs or expenses as may be necessary for carrying out of the
contemplated purposes, and thereafter, upon receipt of proper vouchers
and approval by the governing body, the costs, expenses or fees for
which vouchers have been submitted and approved shall be paid out
of said Trust Account. Any funds remaining after payment of all costs,
expenses or fees in connection with any particular matter or project
may be returned to the person, firm or corporation depositing said
funds. Should there be insufficient funds in said Trust Account to
pay all such expenses, charges or fees, the Municipal Treasurer and/or
Clerk shall immediately notify the depositor and require that additional
funds sufficient to pay all such expenses, charges or fees be immediately
deposited with the Borough of Alpha.