[HISTORY: Adopted by the City Council of the City of Paterson 9-25-2007 by Ord. No. 07-055. Amendments noted where applicable.]
The City of Paterson agrees to participate in the creation and operation of the Central Passaic River Basin Flood Commission, pursuant to the provisions of N.J.S.A. 40:14-16, et seq.
The following municipalities and counties shall be invited to participate in said Commission: County of Passaic; County of Essex; County of Morris; Township of Little Falls; Township of Pequannock; Township of Montville; Borough of North Caldwell; Township of West Caldwell; Borough of Pompton Lakes; Township of Wayne; Township of Livingston; Borough of West Paterson; Borough of Lincoln Park; Township of Parsippany; Township of East Hanover; Township of Chatham; Borough of Totowa; Township of Nutley; Borough of Morris Plains; Township of Fairfield; Borough of Riverdale; Township of Hanover; Borough of Florham Park; Borough of Roseland; City of Newark; Borough of Hawthorne; Borough of Oakland.
The Central Passaic River Basin Flood Commission shall:
Collect, study and analyze data on flooding, past floods and the causes of floods in the area;
Make such data and studies available to the participating members, to the Department of Environmental Protection, Division of Water 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;
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;
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;
Encourage the acquisition of lands within the floodway and low-lying areas by appropriate county park commissions, counties or participating municipalities and all federal and state agencies that have jurisdiction in matters concerning the floodway and low-lying area;
Publicize methods of flood control and flood prevention;
Encourage its participating members to support other programs designed or intended to alleviate flooding;
Lobby federal and state legislators and federal and state agencies to promote legislation favorable to the Central Passaic River Basin and also to make available increased funding for flood control measures in the Central Passaic River Basin;
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by members, subject to the limitations in this section and subject to limitations set forth in N.J.S.A. 40:14-16.
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 two counties represented and at least three municipalities represented.
Each member municipality and county reserves the right 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.
The general, administrative and other expenses of the Commission affecting the Commission as a whole shall be apportioned among the members as follows:
Three-fourths thereof to be apportioned to other municipalities according to a formula taking into account population and frontage along the Passaic River, and resulting in the following:
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.
Whenever a specific project is to be undertaken involving less than the interests of 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.
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 § 41-6 above without the consent of the governing body of such participating member.
Any budget proposed by the Commission must be submitted to the governing bodies of the participating municipalities and shall become effective only upon the adoption of resolutions by a majority of the participating municipalities approving the budget.
The Mayor shall appoint two representatives to the Commission. Either or both of said representatives may be a member of the Township Council or other elective or appointive office in the Township.
Each representative shall serve for a term of five years or until his/her 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/her elected or appointed office and only so long as he/she shall hold such elected or public office, notwithstanding his/her term of appointment as such representative. Appointments to vacancies shall be filled for the balance of the term only.
In addition to such representatives, the Mayor 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 Township 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.