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Home My Public Portal AboutOrd. 19-24Orbinanlre No. 19 -24 of #4e nxo�t of Cartcxe#, Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AMENDING PART II "GENERAL LEGISLATION" CHAPTER 207 OF THE CODE OF THE BOROUGH OF CARTERET AND PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL SEWER UTILITY WHEREAS, pursuant to N.J.S.A. 40:62 et sue, a municipality is permitted to operate municipal public utilities; and WHEREAS, pursuant to N.J.S.A. 40A:1 -1, a municipal public utility is defined as any enterprise from which a municipality anticipates it will receive fees, rents or other charges; and WHEREAS, a municipal public utility is required for accounting and budgetary purposes, to be treated as a separate and distinct entity pursuant to N.J.S.A. 40A:4 -62; and WHEREAS, the Borough of Carteret, in the County of Middlesex, New Jersey, a public body corporate and politic of the State of New Jersey (the "Borough ") owns the sewer transmission and distribution system (the "System ") within the geographic limits of the Borough; and WHEREAS, the Borough wishes to create a municipal utility for the management of the System to accurately and properly budget and account for the expenses and revenues relating thereto in a manner which is permitted by statute and which is separate and distinct from the usual operations of municipal government; and WHEREAS, the Borough has determined to adopt service rate schedules, billing, monitoring, maintenance and administration and will enforce this schedule with employees or agents of the Borough; and WHEREAS, the Borough desires to amend Part II, "General Legislation ", Chapter 207 of the Code of the Borough of Carteret to provide for the creation of the Borough of Carteret Sewer Utility. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Carteret, in the County of Middlesex, and State of New Jersey, as follows: SECTION 1. ESTABLISHMENT: OFFICIAL NAME There is hereby created and established in the Borough, and in accordance with New Jersey statutes, a public utility for budgetary purposes. The name by which this utility shall be known is the "Borough of Carteret Sewer Utility" (hereinafter, the "Utility "). For budgetary and accounting purposes, the Utility shall be a separate entity. SECTION 2. POWERS. The Utility, which constitutes an agency of the Borough, exercising public and essential governmental functions, shall have all the powers necessary and convenient to carry out and effectuate the purpose and the provisions of the New Jersey Statutes. SECTION 3, FUNCTIONS NO. 19 -74 It shall be the function of the Utility to budget and account for die System; to enforce the Borough's laws and regulations concerning sewer service; to raise money necessary to pay for the lands, buildings, equipment and facilities or other rights or interest therein acquired for the System, and for improving and equipping the same; to construct, reconstruct, alter, provide, renew and maintain the System or other structures and equipment and provide for the care, custody and control thereof in the operation of the Utility; to pay or make provision for the payment of the reasonable expenses in each fiscal year of the Utility; and to pay to those persons entitled thereto the interest and principal on notes and bonds of the Utility, and to deposit and accumulate reserve funds or reserves. The Utility shall monitor the System operator's responsibilities to preserve, care for, lay out, construct, maintain, improve and operate lands, buildings, equipment and facilities used for the provision of the System. SECTION 4. GOVERNING REGULATIONS The Utility shall be governed by and in accordance with the laws of the State of New Jersey, We ordinances, the Borough Code, and the resolutions adopted by the Borough, and administrative directives. The Borough shall amend its ordinances to effectuate the establishment of a Sewer utility. SECTION 5. FINANCIAL AFFAIRS; DISPOSITION OF FUNDS The financial affairs of the Utility shall be governed in accordance with the statutes applying to the financial affairs of a municipality and utilities in general. SECTION 6. ACQUISITION OF PROPERTY AND /0R EQUIPMENT The Utility may, from time to time, acquire such real property and/or equipment in the name of Borough as may be authorized by the Borough Council in accordance with the laws of the State of New Jersey. SECTION 7. APPOINTMENT OF EMPLOYEES. SALARIES AND COMPENSATION. The Borough shall have the full authority to appoint and employ all necessary employees for the Utility. Salaries of the employees will be in accordance with classification and salary ordinances duly adopted by the Borough Council. Portions of salaries of existing employees may be pro- rated based on the amount of time spent on System operations compared to the employees' full time Borough responsibilities. SECTION 8. UTILITY CHARGES The Utility shall have authority to charge and collect monies for the use of the System whether they be user charges, rental fees, or lease payments, and to use these monies to defray the cost of acquisition of lands, buildings, equipment and facilities, rights and interests therein, to equip the facilities, to pay the Utility's current expenses and to pay the interest and principal on notes and bonds, and to establish a surplus in an amount sufficient to provide for the reasonable anticipation of any contingency that may affect the operating of the Utility. SECTION 9. OPERATION OF THE UTILITY. NO. 19 -24 PACE 3 The Utility shall be under the administration, operation and control of the Superintendent of the Department of Sewerage. SECTION 10. REPEAL OR INCONSISTENT PROVISIONS. All provisions of the Code of the Borough of Carteret inconsistent with the provisions of this ordinance are hereby repealed. SECTION 11. EFFECTIVE DATE This ordinance shall take effect upon final adoption and publication according to law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BNI.LINO X JOHAL x DIAZ X K RUM X DIMASCIO X NAPLES X X - Indicate Vote AB- Absent NY -Not Voting XOR- Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, NJ., on Novembe r 7, 2019 Adopted on second reading after hearing on Z)c` �Z S 3 APPROVED BY ON �Z- !6•(�] AYOB i' �,' g I A•Ur jt a :{ ! (.✓ i AITTTMV M)INTITPAr'.. M M. W =c AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Star Ledger, a newspaper which is printed in Newark, New Jersey and published in Essex County, of general circulation in said county and state. One 1 time(s), once in each issue as follows: November 15, 2019 Notary I t blic of New Jersey �x1 C, t Carinela PogorMild Sworn and subscribed before me this 16 day of Oa 201 MARGARET M. RUSSO 1 NOTARY PUBLIC OF NEW Apr JERSEY y Commission Expires Acting Municipal Clerk AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Star Ledger, a newspaper which is printed in Newark, New Jersey and published in Essex County, of general circulation in said county and state. One 1 time(s), once in each issue as follows: December 21, 2019 V - 4\0 \ " 0 - Q'kJ �f Notary blic of New Jersey I t l Ca meta Pogd'rzelki Sworn and subscribed before me this D4 ° day of � cfi . - D-0 ) ( ) MARGARET M. RUSSO NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 4, 2020 Acting Municipal Clerk