New Jersey § 40a:11-5

§ 40a:11-5.

The Legislature finds and declares it to be in the public interest and to be the public

policy of the State to foster and promote by all reasonable means the collection,

storage and distribution of an adequate supply of water for the inhabitants and businesses

of the counties and municipalities of this State and to foster and promote the public

health by providing for the collection and treatment of sewerage through adequate

sewerage facilities. To further promote these interests, and notwithstanding the provisions of any other

law, rule or regulation to the contrary, the governing body of a city of the first

class may enter into a contract with a duly incorporated nonprofit association for

the provision of water supply services as defined in subsection (16) of section 15

of P.L.1971, c. 198 ( C.40A:11-15 ), or for the provision of wastewater treatment services as defined in subsection

(19) of section 15 of P.L.1971, c. 198 ( C.40A:11-15 ), or both, as the case may be. The governing body of a city of the first class that has entered into a contract with

a duly incorporated nonprofit association pursuant to this section shall obtain the

written opinion of bond counsel as to the effect of the contract on the tax exempt

status of existing and future financing instruments executed by the parties given

the terms of the contract and the federal laws or regulations concerning this matter. Any concession fee or monetary benefit paid by a duly incorporated nonprofit association

to the governing body of a city of the first class shall be used for the purposes

of reducing or off-setting property taxes, reducing water supply services or wastewater

treatment services charges, rates or fees, one-time nonrecurring expenses or capital

asset expenditures related to water supply facilities or wastewater treatment systems. Upon executing such contract, the duly incorporated nonprofit association shall be

deemed to be providing essential governmental functions on behalf of the city of the

first class and, to the extent permitted in the contract, shall exercise all powers

and responsibilities of the city of the first class related to the provision of water

supply services and wastewater treatment services now or hereinafter provided under

law. The authorization provided in this section shall be subject to the provisions of sections

3 through 6 of P.L.2002, c. 47 ( C.58:28-4 through 58 : 28 -7).