Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:62-104 Supervision, operation and maintenance; collection of charges; contracts. 40:62-104. Any contract entered into pursuant to sections 40:62-96 to 40:62-105 of this title may provide for supervision, operation and maintenance of the water system and the distribution, publi…

40:62-104.1 Residency requirements for employees of municipality operating certain water system. 2. Any ordinance, resolution, rule, regulation, order, or directive establishing, as may be permitted by law, a residency requirement for employees of a municipality operating a water…

40:62-105. Necessary powers conferred The municipality and the party so supplying water, their officers, agents or servants, shall have the necessary rights and powers to carry out the provisions of sections 40:62-96 to 40:62-104 of this title.

40:62-105.1. Water commissioners; election; to perform duties exercised by township committee In any township wherein a water district has been established pursuant to section 40:62-96 et seq. of the Revised Statutes, the township committee may by ordinance provide for the electi…

40:62-105.10. Verification of petition Each of the petitions shall be verified by the oath of one or more of the signers thereof, taken and subscribed before a person qualified to administer an oath, to the effect that such petition is signed in their own proper handwriting by ea…

40:62-105.11. Filing of petition Such petition shall be filed at least five days before the date of the annual election for members of the board of water commissioners. L.1951, c. 280, p. 956, s. 11, eff. June 25, 1951.

40:62-105.12. Defective nominating petitions If any petition requesting that the name of the person so indorsed be printed upon the official ballot shall be found to be defective, the clerk of the board of water commissioners shall forthwith notify the candidate so indorsed, sett…

40:62-105.13. Ballots; arrangement of candidate's names The names of the candidates shall be printed upon the official ballot according to the alphabetical order of their surnames and the grouping of two or more candidates upon any ballot to be used for the election of members of…

40:62-105.14. Ballots, specifications 14. Each ballot shall have at the top thereof a coupon at least one inch deep extending across the ballot above a perforated line. The coupons shall be numbered consecutively from one to the number of ballots prepared for use in such election…

40:62-105.15. Form of ballot 15. The following is an illustration of the form of ballot: No............ To be torn off by the Judge of Election. Fold to this line. ................................................................. WATER DISTRICT ELECTION BALLOT Water District No. …

40:62-105.16. Paper on which ballots to be printed The ballots shall be printed on plain white paper uniform in size and quality and of such thickness that the printing thereon cannot be distinguished from the back of the paper and without any mark, device or figure on the front …

40:62-105.17. Registry list of preceding general election; persons becoming of age after preceding general election The clerk of the board of water commissioners shall at least seven days before the holding of such election obtain, from the person having them in charge, the regis…

40:62-105.18. Advertisement of election The clerk of the board of water commissioners shall cause the election to be advertised at least one week before the holding thereof in some newspaper circulating in said water district. L.1951, c. 280, p. 960, s. 18, eff. June 25, 1951.

40:62-105.19. Polling places Upon petition of twenty-five or more voters duly submitted at least twenty days prior to the date of the election the board of water commissioners may divide the water district into two or more polling places for the purpose of holding said elections.…

40:62-105.2. Commissioners to be body corporate; name; general powers The commissioners thereof and their successors shall be a body corporate to be known by the name of "the commissioners of water district number , in the township of , and county of ," and shall have power to ho…

40:62-105.20. Opening and closing of polls; books for names of voters The polls for the election shall be opened at such time as the board of water commissioners may designate, between the hours of two and nine post meridian, and shall remain open at least one hour or as much lon…

40:62-105.21. Proclamation of opening of election; judge and tellers The board of water commissioners before they receive any vote shall make public proclamation by the chairman or the clerk of the opening of the election and of their readiness to receive the vote of the voters. …

40:62-105.22. Counting of votes Immediately after the close of the polls the judge and tellers shall proceed forthwith to count the votes for each candidate and shall complete the count without delay or adjournment. The counting shall be open and public but not to such an extent …

40:62-105.23. Announcement of results of election After the canvass of votes has been completed the judge of the election shall announce publicly the result of the election. L.1951, c. 280, p. 961, s. 23, eff. June 25, 1951.

40:62-105.24. Appropriations voted on, form of question 24. All appropriations to be voted upon at such water district election or any other proposition or question that may be required shall be placed upon the ballot immediately following the names of the candidates for election…

40:62-105.25. Payment of taxes a. The board of water commissioners shall certify the amount of money voted at the annual district meeting to the assessor of the township in which said district is situate, who, except as provided in subsection b. of this section, shall assess said…

40:62-105.26. Borrowing for current expenses and repairs The commissioners of water districts may by resolution borrow, after March first and before December thirty-first following, a sum not to exceed the amount appropriated at the election held in the district for the current y…

40:62-105.27. Rights and powers of water commissioners The water commissioners of every water district shall have all the rights and powers, within said water district, which shall have been conferred upon townships by any statute relating to the supplying of water for public or …

40:62-105.28. Money for waterworks and appurtenances; vote; limitation The legal voters of any water district may vote to raise, either at a special meeting called by the water commissioners of said district or at the annual meeting of the voters of said district, a sum for water…

40:62-105.29. Meeting to determine amount to be raised; notice If the water commissioners in any water district shall deem it expedient, they may call said special meeting, whereof ten days' notice shall be given by the commissioners, or a majority thereof, by posting notices set…

40:62-105.3. Determination of amount to be raised for ensuing year; election of water commissioners On the third Saturday in February after the creation of any such district the legal voters thereof shall meet and determine the amount of money to be raised for the ensuing year, a…

40:62-105.30. Water accumulation, supply or distribution facilities; acquisition or construction The water commissioners in any water district created by the township committee may acquire and construct any reservoirs, basins, dams, canals, aqueducts, standpipes, conduits, pipeli…

40:62-105.31. Resolution authorizing issuance of bonds; time and place of meeting; notices The water commissioners shall cause a resolution authorizing the issuance of bonds for the purposes specified in section 30 of this act to be submitted to the legal voters of such water dis…

40:62-105.32. Conduct of election At any election held for the purpose of ordering money to be raised by the issuance of bonds, the legal voters shall vote by ballot, and the election shall be held and conducted as nearly as may be in the manner provided in sections seven to twen…

40:62-105.33. Bonds; form; issuance The legal voters of any such water district may, at the election at which such proposition is submitted, by the vote of a majority of those voting, authorize the board of water commissioners to issue bonds for the purpose set forth in section 3…

40:62-105.34. Payment of principal, interest on bonds a. Except as provided in subsection b. of this section, whenever such bonds shall have been authorized by the legal voters as aforesaid and the same shall have been issued, the clerk of the board of water commissioners shall a…

40:62-105.35. Custodian of moneys; disbursements; bond of treasurer The district treasurer shall be the custodian of the moneys of the district and all moneys which the district commissioners are by law authorized to receive and disburse shall be paid to him and disbursed by him …

40:62-105.36. Auditing of books of treasurer; publication of audit The treasurer shall cause his books to be audited at least once a year within thirty days after the expiration of the fiscal year and the secretary shall cause such audit to be advertised at least twice in a newsp…

40:62-105.37. Enlargement of water district The township committee of any township in which there shall have been created a water district may be ordinance enlarge any such water district by extending the boundaries thereof to include therein as part thereof additional lands situ…

40:62-105.38. Lands included in district after enlargement Upon the adoption and publication of such ordinance by the township committee in the manner required by law, such water district shall thereafter for all purposes comprise the lands originally laid off and also such addit…

40:62-105.39. Effect of enlargement upon terms of officers and obligations of district The enlargement of any water district under the provisions of sections thirty-seven and thirty-eight of this act shall not affect the terms or tenure of office of the water commissioners or oth…

40:62-105.4. Terms of members of board of water commissioners At the first meeting of the board of water commissioners elected in any newly created district the members of the board shall divide themselves by lot into three classes; the term of the two members composing the first…

40:62-105.40. Dissolution of water district The township committee of any township wherein a water district shall have been organized may, by resolution authorized in the matter provided in section forty-one of this act, dissolve and abolish said water district. Upon the adoption…

40:62-105.41. Application for resolution dissolving district; notice; hearing The resolution provided for in section forty of this act shall not be adopted except upon the written application of at least twenty freeholders of such water district. Upon receipt of such application …

40:62-105.42. Refund of tax paid upon property in district abolished The township committee may cancel or refund without interest to any person having paid the same any water district tax or any part thereof levied upon property in any water district which has been abolished, but…

40:62-105.43. Refund of taxes paid where no recital of laying off of water district appears upon records Where the legality of the organization of any township water district is questioned upon the ground that such water district was never laid off by metes and bounds by the town…

40:62-105.44. Water district deemed abandoned when territory formed into two or more new municipalities Whenever the territory included within the bounds of any water district shall have been divided and formed into or made parts of two or more new municipalities and no part of s…

40:62-105.45. Allotment and division of property and money between new municipalities; "municipality" defined The governing bodies of such new municipalities and the treasurer or person having the custody of the funds and securities of such water district shall meet at a convenie…

40:62-105.5. Vacancies Whenever a vacancy occurs the board may elect a member to fill the vacancy until the next succeeding election at which time the voters of such district shall elect some person resident therein to fill such vacancy for the unexpired term only. L.1951, c. 280…

40:62-105.6. Annual election in water districts An election shall be held annually in each water district on the third Saturday in February at which the legal voters shall elect members of the board of water commissioners to fill the offices of those whose terms expire in such ye…

40:62-105.7. Nomination of candidates for members of board Candidates to be voted for at the regular water district election for members of the board of water commissioners shall be nominated directly by petition. L.1951, c. 280, p. 955, s. 7, eff. June 25, 1951.