40:66A-35 - Solid waste management authority may be created by municipalities; filing of ordinance or resolution - New Jersey Statutes

40:66A-35.  Solid waste management authority may be created by municipalities;  filing of ordinance or resolution
    (a) The governing body of any municipality may, by ordinance duly adopted, create a public body corporate and politic under the name and style of   " solid waste management authority"  with all or any significant part  of the name of such municipality inserted.  Said body shall consist of the five members thereof, who shall be appointed by resolution of the governing body as hereinafter in this section provided, and it shall constitute the solid waste management authority contemplated and provided for in this act and an agency and instrumentality of said municipality.  After the taking effect of such ordinance and the filing of a certified copy thereof as in subsection (c) of this section provided, five persons shall be appointed as the members of the solid waste management authority.  The members first appointed shall, by the resolution of appointment, be designated to serve for terms respectively expiring on the first days of the first, second, third, fourth and fifth February next ensuing after the date of their appointment.  On or after January  1 in each year after such first appointments, one person shall be appointed as  a member of the solid waste management authority to serve for a term commencing  on February 1 in such year and expiring on February 1 in the fifth year after  such year.  In the event of a vacancy in the membership of the solid waste  management authority occurring during an unexpired term of office, a person  shall be appointed as a member of the solid waste management authority to serve  for such unexpired term.

    (b) The governing bodies of any two or more municipalities, whether or not the areas of such municipalities comprise an integral body of territory, may enter into an agreement and, by parallel ordinances duly adopted by each of such governing bodies within any single calendar year, create a public body corporate and politic under the name and style of "the          solid waste management authority"  with all or any significant part of the name of each such municipality or some identifying geographical phrase inserted.  Said body shall consist of the members thereof, in an aggregate number determined as hereinafter in this subsection provided, who shall be appointed by resolution of the several governing bodies as hereinafter in this section provided, and it  shall constitute the solid waste management authority contemplated and provided for in this act and an agency and instrumentality of the said municipalities.   The governing body of each municipality which is a party to such agreement  shall appoint one member of the solid waste management authority.  Said  ordinance may provide for the appointment of an alternate representative to  serve in the event of the absence or inability to act of the representative.   The terms of the representative and such alternate of the respective  municipalities shall be 3 years.  Nothing herein shall prevent such ordinances  and agreement from providing for staggered terms. In the event a vacancy  occurs at any time in the office of representative of any one of the  municipalities, the governing body of such municipality shall forthwith, by  resolution, appoint a successor representative to fill the said vacancy and  serve out the said unexpired term.  Until the appointment and qualification of  such successor representative, however, the alternate representative of such  municipality shall serve as the representative of such municipality to the  authority.  In the event a vacancy occurs at any time in the office of  alternate representative of any one of the municipalities, the governing body  of such municipality shall forthwith, by resolution, appoint a successor  alternate representative to fill such vacancy and serve out the said unexpired  term.

    (c) A copy of each ordinance for the creation of a solid waste management authority adopted pursuant to this section, duly certified by the appropriate officer of the local unit, shall be filed in the office of the Secretary of State.  Upon proof of such filing of a certified copy of the ordinance or of certified copies of the parallel ordinances for the creation of a solid waste management authority as aforesaid, the solid waste management authority therein  referred to shall, in any suit, action or proceeding involving the validity or  enforcement of, or relating to, any contract or obligation or act of the solid  waste management authority, be conclusively deemed to have been lawfully and  properly created and established and authorized to transact business and  exercise its powers under this act.  A copy of any such certified ordinance,  duly certified by or on behalf of the Secretary of State, shall be admissible  in evidence in any suit, action or proceeding.

    (d) A copy of each resolution appointing any member of a solid waste management authority adopted pursuant to this action, duly certified by the appropriate officer of the local unit, shall be filed in the office of the Secretary of State.  A copy of such certified resolution, duly certified by or on behalf of the Secretary of State, shall be admissible in evidence in any suit, action or proceeding and, except in a suit, action or proceeding directly  questioning such appointment, shall be conclusive evidence of the due and  proper appointment of the members named therein.

    (e) No governing body which may create or join in the creation of any solid  waste management authority pursuant to this section shall thereafter create or  join in the creation of any other solid waste management authority. No  governing body of any municipality within a district shall create or join in  the creation of any solid waste management authority except upon the written  consent of the solid waste management authority and in accordance with the  terms and conditions of such consent.  This subsection shall not be applicable  where the previously established solid waste management authority shall have  been formally dissolved.

     L.1968, c. 249, s. 4, eff. Aug. 16, 1968.  Amended by L.1975, c. 216, s. 1, eff. Oct. 7, 1975.