Title 58, Title 58: WATERS AND WATER SUPPLY

58:5-13. Action of municipality on contract; time; extension With the submission of its preliminary report and form of contract to the municipalities interested, the commission shall notify the municipalities of a time, which shall be not less than thirty days from the delivery o…

58:5-14. Redrafted contract; submission; resubmission If such suggested modifications, the failure of any municipality to signify its acceptance of the contract, or the withdrawal of any municipality from further participation, necessitates the redrafting of the contract, the com…

58:5-15. Duties of municipalities upon acceptance of contract; failure of municipality to act When said final form of contract shall have been accepted by all of the municipalities which are parties thereto, each of the municipalities shall forthwith introduce the proper ordinanc…

58:5-16. Powers of commission in carrying out contracts Upon the execution of said contract, the district water supply commission shall forthwith proceed to carry out the same. For such purpose the commission may, in its own corporate name, but at the expense of the contracting m…

58:5-17. Condemnation; proceedings upon refusal of money tendered for property taken; payment into court; withdrawal Any district water supply commission instituting an action for the acquisition of land or other property under and by virtue of the provisions of chapter one of th…

58:5-18. Construction of pipe lines and reservoirs; change of grade or location of streets, canals and railroads; condemnation The commission may construct water mains or pipe lines for the purposes provided for in this chapter along, under and over any watercourse, or under, ove…

58:5-19. Acquisition from canal corporations of water rights for reservoirs; condemnation If the commission decides to construct any reservoir which may intercept or interfere with the flow of waters that may be part of the feeder of any canal or which may be claimed by any canal…

58:5-2. Petition for appointment of water supply commission The body having charge of the water supply in any municipality may, by resolution, determine that it is in the interests of the municipality that a district water supply commission be appointed for the water supply distr…

58:5-20. Commission contracts a. Whenever any work to be performed or material to be furnished involves an expenditure exceeding $7,500.00 or the amount determined pursuant to subsection b. of this section, the commission shall cause to be prepared, and shall approve in public me…

58:5-21. Conveyance of distribution or water plant to municipality If the commission acquires any part or all of any distribution or water plant, it may convey the same to the municipality in which the same is situated or to whose use it is devoted, at the cost thereof as nearly …

58:5-22. Payment by municipalities of cost of construction or acquisition of water supply The cost of the construction or acquisition of said water supply shall be borne by the contracting municipalities in proportion to the amount of water contracted to be taken in the contract …

58:5-23. Payment of cost of operation; apportionment; payment in advance After the actual completion of the plant and the commencement of the actual supply of water therefrom, the expenses of the commission and its agents and employees shall be charged to operation and properly p…

58:5-24. Control of plant after completion Upon the completion of such water supply plant, works and appurtenances, the commission shall retain and have sole control and charge of the same, except such part thereof as it may convey to any one of the contracting municipalities as …

58:5-25. Petition of municipality for water; notice; hearing Any municipality desiring to take water from any plant constructed, acquired or operated, or which is in course of construction or acquisition, by any district water supply commission under the authority conferred by th…

58:5-26. Contract with municipality applying for water; payments After such hearing, the commission, if the water supply under its control is adequate for the supply of the applying municipality, may contract with the municipality for the supply to it of water at such price as sh…

58:5-26.1 Customers of district water supply commission, electronic billing, payment permitted. 9. Upon the request of a customer, a district water supply commission may: a. offer the customer the ability to receive or access, in electronic format, any periodic bill for service s…

58:5-27. Consent for obtaining new or additional water supply No municipality within a water supply district for which a commission has been appointed as provided in this chapter shall, without the consent of the commission, obtain any new or additional water supply from any wate…

58:5-28. Contracting municipalities may borrow money; issue of bonds and notes Each municipality entering into a contract with a district water supply commission as provided in this chapter may borrow upon its bonds, or upon its notes or other temporary obligations, the money nec…

58:5-29. No state indebtedness authorized Nothing in this chapter contained shall be construed to authorize any district water supply commission to incur any indebtedness on behalf of the state of New Jersey.

58:5-3 Appointment of commissioners; terms; vacancies. 58:5-3. The governor shall, by and with the advice and consent of the senate, appoint a commission consisting of seven members who shall be residents of the water supply district which they represent and not more than four of…

58:5-30. Repeal of certain laws; saving clause All acts and parts of acts passed prior to March sixteenth, one thousand nine hundred and sixteen, granting to the state water supply commission or its successors in authority the powers in this chapter granted to the boards of distr…

58:5-31. Short title This act shall be known as and may be cited as the "water transmission facilities act." L.1962, c. 167, s. 1.

58:5-32. Legislative findings The Legislature hereby finds that: (a) the State has heretofore acquired certain real property for the purpose of providing additional supplies of water which will be needed to meet the future requirements of the people of the State; (b) the State th…

58:5-33. Public policy It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all reasonable means the prompt, efficient and economical transmission, treatment, filtration, distribution and use of the water supplies acquired …

58:5-34. Definitions As used in this act, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent: (1) "Bonds" means bonds or other obligations, including notes, issued pursuant to this act; (2) "Commiss…

58:5-35. Commissions public corporations The North Jersey district water supply commission shall continue to be, and the South Jersey district water supply commission when appointed shall be, a public body politic and corporate established as an instrumentality exercising public …

58:5-36. Powers A commission shall have the power in its own name and on its own behalf, to acquire, hold, use and dispose of its revenues and other moneys and to provide for and secure the payment of any bonds or notes and the rights of the holders thereof and to carry out the p…

58:5-36.1 Participation in Oakland Flood Protection Project. 1. The North Jersey district water supply commission shall have the authority to participate in the Oakland Flood Protection Project at the Pompton Lake Dam, under the direction and supervision of the Department of Envi…

58:5-36.2 Defense, indemnification of North Jersey district water supply commission. 2. The State of New Jersey shall defend and indemnify the North Jersey district water supply commission and any of its members, officers, or employees for any act or omission with respect to any …

58:5-37. Contracts with municipalities relating to water transmission facilities Subject to the provisions of the water supply law, but notwithstanding the provisions of any other law, a commission and any municipality or municipalities may enter into a contract or contracts prov…

58:5-38. Appropriation of funds by municipality Any municipality shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the commission, and to pay, lend or donate such moneys to the commission in such installments and upon such terms …

58:5-39. Property held by a commission under the original act not subject to certain claims No trustee or receiver appointed under this act, and no holder of any bond or coupon or other obligation issued pursuant to this act, no contracting municipality or person having any right…

58:5-4. Salaries of commissioners Each commissioner shall receive a salary at the rate of fifteen hundred dollars per annum from the time of appointment until the execution of a contract for a water supply with any municipality, which salary shall be accumulative and payable upon…

58:5-40. Annual budgets and apportionment of expenses (a) A commission shall cause to be prepared, not later than December 31 of each year, a separate annual budget for the operating expenses of each water supply system and water transmission facility which it may operate pursuan…

58:5-41. Sale of unused water by a commission (a) A commission shall have power to sell any unused water to any municipality or person for the account of any contracting municipality or municipalities having the right to use such water (herein called "interested municipality" ). …

58:5-42. Control of project after payment of bonds After all bonds issued by a commission to finance the acquisition of a project, and all obligations to the holders of any such bonds, have been fully met and discharged, the commission shall retain and have sole control and charg…

58:5-43. Bond resolution For the purpose of raising funds to pay the cost of any part of any project or for the purpose of funding or refunding any bonds, including refunding by exchange of bonds for outstanding bonds, a commission shall have power to authorize or provide for the…

58:5-44. Issuance of bonds Upon adoption of a bond resolution, a commission shall have power to incur indebtedness, borrow money and issue its bonds (including bonds to be exchanged for outstanding bonds) for the purpose of financing the project or of funding or refunding the bon…

58:5-45. Sale of bonds Bonds of a commission may be sold by the commission at public or private sale at such price or prices as the commission shall determine; provided, however, that the interest cost to maturity of the money received for any issue of bonds (computed according t…

58:5-46. Publication of bond resolution; limitation on actions A commission may cause a copy of any bond resolution adopted by it to be filed for public inspection in its office and in the office of the clerk of the governing body of the contracting municipality or municipalities…

58:5-47. Negotiability of bonds Any provision of any law to the contrary notwithstanding, any bond or other obligation issued pursuant to this act shall be fully negotiable within the meaning and for all purposes of the negotiable instruments law of the State, and each holder or …

58:5-48. Agreements with holders of bonds Any bond resolution of a commission providing for or authorizing the issuance of any bonds may contain provisions, and such commission, in order to secure the payment of such bonds and in addition to its other powers, shall have power by …

58:5-49. Trustees for bondholders (1) If the bond resolution of a commission authorizing or providing for the issuance of a series of its bonds shall provide in substance that the holders of the bonds of such series shall be entitled to the benefits of this section, then in the e…

58:5-5. Name of commissions The commission appointed for the North Jersey water supply district shall be known as the North Jersey district water supply commission, and the commission appointed for the South Jersey water supply district shall be known as the South Jersey district…

58:5-50. Receivers; powers If the bond resolution of a commission authorizing or providing for the issuance of a series of its bonds shall provide in substance that the holders of the bonds of such series shall be entitled to the benefits of section 19 of this act and shall furth…

58:5-51. Liability on bonds Neither the members of the commission nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by reason of the issuance thereof. Bonds or other obligations issued pursuant to this act shall not be in any way a…