New Jersey § 58:5-34

§ 58:5-34.

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) “ Commission ” means (1) when used with reference to the North Jersey water supply district, or

a water supply system or transmission facility in such district, the North Jersey

district water supply commission heretofore appointed under section 3 of the original

act 1 as such commission may be constituted at any particular time; (2) when used with

reference to the South Jersey water supply district, or a water supply system or transmission

facility in such district, the commission described as the South Jersey district water

supply commission in said section, and after the appointment thereof, such commission

as it may be constituted at any particular time; (3) when used without particular

reference to either water supply district, or without other words indicating a particular

commission, both of said commissions; (3) “Construct” and “ construction ” connote and include, in addition to the usual connotations thereof, acts of construction,

reconstruction, replacement, extension, improvement and betterment of a water transmission

facility; (4) “ Contracting municipality ” means with reference to any particular project any municipality which shall enter

into an agreement with a commission which provides among other things for periodic

payments from said municipality to the commission for the purpose of paying all or

part of the costs of financing the acquisition, construction, maintenance and operation

of such project; (5) “ Cost ” means, in addition to the usual connotations thereof, the cost incurred, or to be

incurred, by the State or a commission, in planning, designing, constructing and putting

fully in operation, all or any part of a water transmission facility, and of acquiring

all or any real or personal property, or any agreements or franchises, necessary,

useful or convenient therefor, or in connection therewith, and shall include without

limiting the generality of the foregoing: the cost of engineering, architectural,

legal, accounting and other professional surveys, studies, estimates, inspections,

reports, plans, specifications and advice, including the repayment of any advances

from the State or the United States, or any agency of either, or from any other source,

for any of such purposes; financing charges and bond discount; interest, insurance,

administrative and other operating expenses prior to, during and for 1 year after

construction; operating deficits and other deficiencies in revenues; and all other

expenses as may be necessary or incident to the financing, acquisition and construction

of a water transmission facility and putting the same fully in operation; (6) “ Governing body ” means the commission, council, board or body, by whatever name it may be known,

having charge of the finances of a municipality; (7) “ Municipality ” means any city of any class, any borough, village, town, township, or any other

municipality (other than a county or a school district) any agency thereof or any

2 or more thereof acting jointly; (8) “ Operating expenses ” means, in addition to the usual connotations thereof, all costs and expenses of

operating, maintaining, managing, repairing and reconstructing a project and each

and every part thereof including without limiting the generality of the foregoing:

administrative expenses, premiums on insurance, including use and occupancy insurance

and casualty, compensation and other insurance, costs of collection of any revenues,

legal and engineering expenses, payments to pension, retirement, health and hospitalization

funds, expenses, liabilities and compensation of fiduciaries, and any other expenses

required to be paid for or with respect to proper operation or maintenance of such

project all to the extent properly and directly attributable to such project, whether

paid or incurred by the State or by the commission operating such project; (9) “ Original act ” means chapter 5 of Title 58 of the Revised Statutes 2 and the acts continued thereby and the acts heretofore adopted amendatory thereof

and supplemental thereto; (10) “ Owner ” means a person having any estate, interest or right in property being acquired under

this act or any lien, charge or encumbrance thereon; (11) “ Participant ” means any municipality which has accepted or which may hereafter accept a contract

with a commission providing for the raising and payment of funds to meet the costs

of acquisition and operation of a water supply or additional water supply pursuant

to the terms of the original act; (12) “ Person ” means any natural person, or any association, corporation, including any publicly

or privately owned utility corporation, authority, county, municipality or the State

and any agency or subdivision of any of them; (13) “ Project ” means any water transmission facility, or any part of such a facility planned, acquired,

constructed, or undertaken by a commission to carry out the purposes of this act; (14) “ Real property ” means lands both within and without the State, and improvements thereof or thereon,

any and all rights of way, water, riparian and other rights, any and all easements

and privileges in real property, and any right or interest of any kind or description

in, relating to or connected with real property; (15) “ Water supply system ” or “ supply system ” means any water supply or additional water supply acquired or operated pursuant

to the terms of the original act and all property of any kind used in connection therewith; (16) “ Water transmission facility ” or “ transmission facility ” means any real property and rights therein, and any plants, structures, machinery

and equipment and other property real, personal and mixed, acquired, constructed or

operated, or to be acquired, constructed or operated for or in connection with the

treatment, filtration, transmission or distribution by a commission of water made

available by the State, including without limiting the generality of the foregoing,

standpipes and other storage facilities, pumping stations, treatment plants, filtration

plants, conduits, transmission mains, aqueducts, pipelines, mains, canals, open waterways

and channels, connections and interconnections, roads and other plants, structures,

machinery, tools, equipment, boats, conveyances, and other real and personal property,

and rights therein, and any and all appurtenances necessary, useful, convenient or

incidental to or in connection with the acquisition, construction, operation or maintenance

of any of the foregoing; (17) “ Unused water ” means with reference to any particular project any water allocated to but not presently

required by a contracting municipality in such project and which would remain unused

unless disposed of by the commission as provided in this act; (18) “ Water supply law ” means the act of the Legislature of the State of New Jersey entitled “An act concerning

water supplies, providing for increased water supplies for public potable, industrial,

irrigation and other purposes, prescribing the functions, powers and duties of the

Department of Conservation and Economic Development in connection therewith, and supplementing

Title 58 of the Revised Statutes” approved May 12, 1958, constituting chapter 34 of

the laws of 1958 ( c. 58:22-1 et seq. ) as heretofore amended and supplemented. 1

N.J.S.A. § 58:5-2. 2

N.J.S.A. § 58:5-1 et seq.