Pursuant to the Sewerage Authorities Law of New Jersey,[1] the Northeast Monmouth County Regional Sewerage Authority
(the "Authority") was created by parallel ordinances duly adopted
by the respective governing bodies of the Boroughs of Fair Haven,
Little Silver, Monmouth Beach, Oceanport, Shrewsbury and West Long
Branch, and the Authority is a political subdivision of the State
of New Jersey established as an instrumentality exercising public
and essential governmental functions to provide for the public health
and welfare, with all necessary or proper powers to acquire, construct,
maintain, operate and use sanitation facilities for the relief of
waters in, bordering or entering the territory of the Authority from
pollution or threatened pollution and for improvement of conditions
affecting the public health.
There are in the territory of the Borough of Red Bank waters bordering
or entering the territory of the Authority polluted or subject to
pollution by sewage and industrial and other wastes arising from causes
within the territory of the Borough of Red Bank and which cause or
may contribute to pollution of waters within or bordering the territory
of the Authority.
The Authority is now planning to undertake the construction of sewerage
facilities for the collection, treatment and disposal of sewage and
other wastes from sources within the territory of the Authority and
is willing to provide also for additional capacity in the facilities
for use by or for the benefit of the Borough of Red Bank.
It is advisable and in the best interests of the Borough of Red Bank
to enter into an agreement with the Authority providing for and relating
to the treatment and disposal by the Authority of sewage originating
in the Borough of Red Bank and providing for payment of the cost and
expense in connection therewith.
The Borough of Red Bank, in the County of Monmouth, New Jersey, does
hereby determine that it will be economical and in other respects
advantageous to it to have sewage and other wastes treated and disposed
of by the Northeast Monmouth County Regional Sewerage Authority on
and pursuant to the terms of the contract authorized by this article.
The Borough of Red Bank, in the County of Monmouth, New Jersey, shall
enter into a contract with the Northeast Monmouth County Regional
Sewerage Authority providing for and relating to the treatment and
disposal of sewage and other wastes and the cost and expense of such
treatment and disposal, on the term and conditions and substantially
in the form set forth in this article, and the Mayor shall be and
is authorized and directed on behalf of the Borough to execute the
contract under the corporate seal of the Borough, which shall be affixed
and attested by the Borough Clerk, and to deliver the same.
The contract shall be in substantially the form marked "Exhibit A
- Agreement" and by this reference made a part of this chapter, and
the terms and conditions thereof are hereby approved and specifically
agreed to.[1]