[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
6-27-1972 by Ord. No. 592. Amendments noted where applicable.]
The Borough of Middlesex, County of Middlesex, State of New Jersey, agrees to participate in the creation and operation of the Green Brook Flood Control Commission pursuant to Chapter 316, P.L. 1971,[1] as described by this chapter.
[1]
Editor's Note: See N.J.S.A. 40:14-16 et seq.
The municipalities and counties invited to participate in said Commission
are:
The Green Brook Flood Control Commission shall be established in accordance with Chapter 316, P.L. 1971,[1] of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 40:14-16 et seq.
The Green Brook Flood Control Commission shall:
A.
Collect, study and analyze data on flooding, past floods
and the causes of floods in the area.
B.
Make such data and studies available to the participating
members, to the Division of Water Policy and Supply, the Army Corps of Engineers,
local and county planning boards and officials concerned with subdivisions
and development of properties within the floodway and drainage area.
C.
Keep itself informed as to the available state and federal
funds and grants and the procedures for applying therefor and shall make such
information available to participating members.
D.
Coordinate the activities of the participating members
relating to flooding, flood prevention, brook cleaning and the like.
E.
Encourage the acquisition of lands within the floodway
and low-lying areas by appropriate county park commissions, counties or participating
municipalities.
F.
Publicize methods of flood control and flood prevention.
G.
Encourage its participating members and others to adopt
appropriate ordinances and regulations relating to flood control.
H.
Encourage its participating members to support other
programs designed or intended to alleviate flooding.
Any number of members of the Commission shall have the right to meet
at regularly scheduled meetings. Any action taken involving the expenditure
of funds other than clerical and mailing connected with the usual business
of the Commission shall be adopted only at a meeting at which there are at
least three county representatives and at least nine municipal representatives.
Each member municipality and county reserves the right, pursuant to Chapter 2 of said Chapter 316, P.L. 1971,[1] to withdraw from the Commission; provided, however, that at least
90 days' notice of such intention is given to the Commission, and provided
further that such withdrawal, after the adoption of the Commission budget
for a given year, shall not abrogate the responsibility of the municipality
or county to meet its responsibility and obligation under the budget for such
year.
[1]
Editor's Note: See N.J.S.A. 40:14-17 et seq.
A.
The general, administrative and other expenses of the
Commission affecting the Commission as a whole shall be apportioned among
the members as follows:
(2)
Three-fourths thereof to be apportioned among other municipalities
according to a formula taking into account population and frontage along the
brook, and resulting in the following:
(3)
In the event any of the foregoing municipalities do not
join, the formula used to obtain the foregoing percentages shall be reapplied
to determine the apportionment among the remaining and participating municipalities.
B.
Whenever a specific project is to be undertaken involving
less than the interests of all of the participating members or of special
benefit to less than all of the participating members, the apportionment of
the costs thereof shall be agreed upon by the participating members specially
benefited thereby in advance of authorization of such project.
C.
The apportionments set forth herein may be changed by agreement among the participating municipalities and counties; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection A above, without the consent of the governing body of such participating member.
A.
The Mayor and Council of the Borough of Middlesex shall
appoint two representatives to the Commission. Either or both of said representatives
may be a member of the Borough Council or other elective or appointive office
in the Borough.
B.
Each representative shall serve for a term of five years
or until his successor has been appointed and qualified, except that any appointed
representative who holds another elective or appointive public office shall
serve as such representative for the term of his elected or appointed office
and only so long as he shall hold such elected or public office, notwithstanding
his term of appointment as such representative. Appointments to vacancies
shall be filled for the balance of the term only.
C.
In addition to such representatives, the Mayor and Council
may appoint two alternate representatives to the Commission who shall serve
for a term of one year each or until the appointment and qualification of
their successors. Such alternates shall have the right to attend all meetings
of the Commission and take part in all discussions. The alternates shall be
designated as first alternate and second alternate, and in such order may
represent the Borough Council and vote in the event of the absence or disability
of one or both of the representatives. No alternative representative shall
automatically succeed to a representative position upon a vacancy occurring
in a regular position.
