Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:62-107.1. Sale of municipal water plant; deficit; amortization In any municipality which has, prior to March twenty-fifth, one thousand nine hundred and thirty-five, owned a water distribution system which has been operated at a loss, and the governing body of such municipalit…

40:62-107.2. Application to state auditor In each case, where a municipality is desirous of distributing the deficit as described in section 40:62-107.1 of this title, application for permission so to do shall be made by the governing body of such municipality to the state audito…

40:62-107.3. Liberal construction Sections 40:62-107.1 and 40:62-107.2 shall be liberally construed so as to give a measure of relief to municipalities during the present period of economic depression.

40:62-107.4. Purchase of water distribution system of adjoining municipality Any municipality of this state, owning its water supply and supplying therefrom the water for the water distribution system owned and operated by an adjoining municipality, may by ordinance, the provisio…

40:62-107.5. Bond issue Such bonds shall be issued in all respects as provided by article 1 of chapter 1 of this title (s. 40:1-1 et seq.), except that no filing of a supplemental debt statement shall be required and that such bonds may either be sold for cash and the purchase pr…

40:62-107.6 Operation of system; rates, rents, etc. 40:62-107.6. a. After any municipality shall have purchased a water distribution system pursuant to sections 40:62-107.4 and 40:62-107.5 of this title, the governing body of the municipality shall be authorized to operate the wa…

40:62-107.7 Customers of municipal water district, electronic billing, payment permitted. 4. Upon the request of a customer, a municipality that has established a water district and which operates a water system may: a. offer the customer the ability to receive or access, in elec…

40:62-108. "Waterworks" defined The term "waterworks" as used in sections 40:62-109 to 43:62-150 of this title means and includes one or more systems of waterworks, whether or not such waterworks extend into or supply water in other municipalities than those proposing to acquire …

40:62-109. Commission to acquire water system; appointment; notice to other municipalities The governing body of two or more municipalities in which water is supplied for domestic and public use by privately owned waterworks, whether such waterworks are owned by one or more perso…

40:62-11. Management; prices fixed; ordinances and resolutions The governing body may make, enforce, amend or repeal ordinances providing for the establishment, control and regulation of either or both such businesses, and may by resolution provide rules for the management of any…

40:62-110. Commission; composition; organization and compensation; treasurer's bond Every commission appointed in pursuance of section 40:62-109 of this Title shall consist of not more than five persons, residents of the municipalities making the application for their appointment…

40:62-110.1. Waterworks or water commission, membership, salaries In any county of the second class with a population of at least 440,000, but not more than 450,000, according to the 1980 federal decennial census, in which at least three municipalities, two of which each have pop…

40:62-111. Vacancies Any vacancy in the commission shall be filled by appointment as hereinbefore provided, and upon such notice as the Superior Court shall direct, and inability of any member of the commission to serve shall be treated as a vacancy. The application to appoint th…

40:62-112. Joining after commission named At any time after the appointment of the commission any municipality in which water is supplied by the waterworks which it is proposed to acquire, or which may have been acquired as provided in sections 40:62-108 to 40:62-150 of this titl…

40:62-113. Negotiations; contract served on each municipality Immediately after organization the commission shall proceed to negotiate for the purchase of the entire waterworks supplying water in the municipalities making the application for its appointment, and in the other muni…

40:62-113.1. Nonapplicability to Passaic Valley Water Commission 14. Notwithstanding any provision of P.L.1995, c.101 (C.58:26-19 et al.) or R.S.40:62-110 et seq., to the contrary, the Passaic Valley Water Commission shall not enter into a contract with a private firm for the pro…

40:62-114. Condemnation; two or more plants; procedure if in different counties If the commission and the owner of the waterworks cannot agree on terms for the sale thereof, or if such proposed contract shall not become binding as herein provided, the commission may bring an acti…

40:62-115. Municipality may withdraw; expenses apportioned; no withdrawals after bonds issued Any municipality, by the adoption of an ordinance in the manner provided by law and upon giving the water commission and said owner or owners five days' notice in writing of the adoption…

40:62-116. Joint ownership The waterworks acquired by the commission appointed in pursuance of section 40:62-109 of this title, whether by a single purchaser or two or more purchasers or by one, or more than one, condemnation proceeding, shall be the property of the municipalitie…

40:62-117. Expenses prior and subsequent to acquisition of plant All expenses incurred prior to the acquisition of the waterworks shall be considered as part of the cost thereof. All expenses subsequently incurred for operating the waterworks and all other expenses and charges no…

40:62-118. Property acquired by owner pending proceedings; acquisition; contract Upon taking possession of the waterworks, rights and franchises of any such public utility which may be condemned pursuant to the provisions of section 40:62-114 of this title, the commission acquiri…

40:62-119. After acquired property; condemnation If the commission and the owner cannot agree upon the price to be paid for all the additional property, rights and franchises, including betterments, additions and extensions as aforesaid, prior to taking possession thereof, then w…

40:62-12. Municipal gas, steam and electricity plants; establishment and equipment; consent of other municipalities; procedure on refusal Any municipality may purchase, condemn, take, have and hold all real or personal property, within or without the corporate limits of the munic…

40:62-120. Removal of encumbrances; ascertainment of value of debt Whenever, pursuant to sections 40:62-108 to 40:62-150 of this Title, the commission shall condemn any waterworks free and clear of the lien of any mortgage or mortgages thereon, then upon the taking of possession …

40:62-121. Acquisition subject to encumbrances; bond issues; apportionment of indebtedness Any such waterworks may be acquired subject to the lien of any mortgage or mortgages thereon; and for the purpose of raising money to pay the cost of acquiring the waterworks so acquired or…

40:62-122. Commission as fiscal agent; duties The commission appointed pursuant to section 40:62-109 of this title and any succeeding commission, however appointed or elected, shall be the fiscal agent of all municipalities represented by the commission for direct payment to the …

40:62-122.1. Issuance of notes in anticipation of water rents L.1936, c. 38, p. 99, entitled "An act to supplement an act entitled "An act to authorize two or more municipalities in this state by means of a commission to acquire, either by purchase or condemnation, and operate pr…

40:62-123. Apportionment of water rents; collection of prior arrearages As soon as convenient after taking possession the commission shall cause to be read all meters of consumers supplied from such waterworks. At least two days' notice shall be given to the owner in advance of t…

40:62-124. Collection of prior arrearages; water shut off If at the time possession is taken by the commission of any such waterworks any person shall be indebted to the owner thereof for water supplied or furnished therefrom, and shall neglect, fail or refuse for a period of six…

40:62-125. Supply of water to old customers; rates After the commission shall have acquired possession of the waterworks of any such owner it shall carry out any obligation to supply water to any person which the owner would have been required by law to carry out if its waterwork…

40:62-126. Enlargement and extension of works; contracts for operation Enlargement and extension of works; contracts for operation; financing improvements. The commission appointed pursuant to section 40:62-109 of this Title and any succeeding commission, however appointed or ele…

40:62-127 Water rates and regulations. 40:62-127. a. The water commission may prescribe and change from time to time rates to be charged for water supplied by the waterworks so acquired, and by any extension or enlargement thereof, but rates for the same kind or class of service …

40:62-128. Sale of property and distributing system; sale of water to purchaser The commission appointed in pursuance of section 40:62-109 of this title or by virtue of an agreement as provided for in section 40:62-129 of this title, may sell any part of the property in its charg…

40:62-129. Commission to operate works and manage supply; agreement for At any time after waterworks shall have been acquired in pursuance of sections 40:62-108 to 40:62-150 of this title, the governing bodies of the municipalities owning the same may enter into an agreement pres…

40:62-13. Officers and employees; ordinances to regulate use of facilities; rate fixing The governing body may elect all officers, agents, engineers, employees or committeemen necessary to be employed in the maintenance and operation of any such light, heat or power plant, or wor…

40:62-13.1 Rates, schedules established by municipal utility providing electricity. 5. Any municipal utility which provides electricity to a single municipality may establish within its district rates or schedules which provide for a reduction, deferment, without accruing interes…

40:62-13.2 Connection fee imposed. 1. In addition to rates, rents, or charges, the municipal governing body may impose a separate charge in the nature of a connection fee upon the owner or occupant of the property being connected to the municipal electric distribution system. The…

40:62-130. Organization; commission for acquisition of works dissolved The commission elected or appointed in pursuance of such agreement shall organize as soon as practicable, adopt a seal and a name by which it may sue or be sued, and enter upon the discharge of its duties, whe…

40:62-131. Consent of state In all cases in which the owner of waterworks purchased or condemned in pursuance of sections 40:62-108 to 40:62-150 of this title has at the time of such purchase or condemnation the consent of the state to take and divert water from any source for do…

40:62-132. Commission cannot incur debts for municipality; appropriations for expenses The commission shall have no power to incur any liability on behalf of the municipalities and none of its debts, expenses or liabilities shall bind the municipalities except with their consent …

40:62-133. Acquisition of additional property, water rights and waterworks; bonds; proceeds The commission created pursuant to section 40:62-129 of this title to maintain, operate and extend the waterworks, may in addition to its other powers, acquire by condemnation, purchase, l…

40:62-133.1. Findings, declarations The Legislature finds and declares that there is a need to authorize and empower commissions appointed pursuant to R.S.40:62-109 to issue bonds and other obligations to finance water projects as an alternative to the existing method of financin…

40:62-133.10. Commission members, State, county or local units not liable on bonds Neither the members of the commission nor any person executing the bonds issued pursuant to this amendatory and supplementary act shall be liable personally on the bonds by reason of the issuance t…

40:62-133.11. Commission property exempt from levy, sale All property of a commission shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall any judgment against a commission be a charge or li…

40:62-133.12. Investment of sinking funds, other moneys, funds Notwithstanding any restriction contained in any other law, rule or regulation, the State and all public officers, municipalities, counties, political subdivisions and public bodies, and agencies thereof, all banks, b…

40:62-133.13. Waterworks public property, bonds exempt from taxation Every waterworks and all other property of a commission are declared to be public property of a political subdivision of the State and devoted to an essential public and governmental function and purpose and, ot…