[MC 1972-16, § 1, May 15, 1972]
The City of Plainfield, in the County of Union, State of New Jersey, agrees to participate in the creation of and operations of the Green Brook Flood Control Commission, pursuant to Chapter 316, P.L. 1971, as follows:
(a) 
The municipalities and counties invited to participate in the Commission are: Borough of Bound Brook, Township of Bridgewater, Borough of Dunellen, Township of Green Brook, Borough of Middlesex, Borough of North Plainfield, City of Plainfield, Township of Scotch Plains, and the Borough of Watchung, and the County of Middlesex, County of Somerset, and County of Union.
(b) 
The Green Brook Flood Control Commission shall be established in accordance with Chapter 316, P.L. 1971 of the State of New Jersey.
(c) 
The Green Brook Flood Control Commission shall:
(1) 
Collect, study and analyze data on flooding, past floods and the causes of floods in the area;
(2) 
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 areas;
(3) 
Keep itself informed as to the availability of State and Federal funds and grants, and the procedures for applying therefor, and shall make such information available to participating members;
(4) 
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;
(5) 
Encourage the acquisition of lands within the floodway and low-lying areas, by appropriate County Park Commissions, counties or participating municipalities;
(6) 
Publicize methods of flood control and flood prevention;
(7) 
Encourage its participating members, and others, to adopt appropriate ordinances and regulations relating to flood control;
(8) 
Encourage its participating members to support other programs designed or intended to alleviate flooding; and
(9) 
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this Agreement and subject to the limitations as set forth in Chapter 316, P.L. 1971;
(d) 
(1) 
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members as follows:
(A) 
One-third (1/3) thereof to be apportioned among the member Counties as follows: Middlesex County four and two-tenths (4.2) per cent, Somerset County Twelve and five-tenths (12.5) per cent, and Union County eight and three-tenths (8.3) per cent.
(B) 
Two-thirds (2/3) thereof to be apportioned among the member municipalities, according to a formula taking into account population and frontage along the brook, and resulting in the following: Bound Brook three and sixty-five one hundredths (3.65) per cent, Bridgewater eight and seventy-five one hundredths (8.75) per cent, Dunellen two and ninety-five one hundredths (2.95) per cent, Green Brook Township six and no one hundredths (6.0) per cent, Middlesex Borough nine and sixty-five one hundredths (9.65) per cent, North Plainfield eleven and five one hundredths (11.05) per cent, Plainfield seventeen and ninety-five one hundredths (17.95) per cent, Scotch Plains seven and five one hundredths (7.05) per cent, and Watchung seven and ninety-five one hundredths (7.95) per cent. In the event any of the foregoing municipalities do not join, the formula used to obtain the foregoing percentages shall be re-applied to determine the apportionment among the remaining and participating municipalities.
(2) 
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.
(3) 
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 sub-paragraph (1), above, without the consent of the governing body of such participating member.
(e) 
The tentative annual budget for the Commission shall be adopted by the Commission no later than January 15 of each year, and such adoption shall be by a vote of at least three (3) county representatives (regardless of the total number of counties represented thereby), and at least nine (9) municipal representatives (regardless of the total number of municipalities represented thereby). A copy of such tentative budget shall be sent to the governing body of each of the participating counties and municipalities within one (1) week of the adoption thereof. Such notice shall include notification of the date fixed by the Commission for final adoption of such budget, which shall be at least three (3) weeks after the date of tentative adoption by the Commission.
Expenditures outside the regular budget for special projects involving two (2) or more of the participating member counties or municipalities (but less than the entire Commission) shall be negotiated and arranged separately among the involved participating members and the Commission.
(f) 
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 (regardless of the total number of counties represented thereby), and at least nine (9) municipal representatives (regardless of the total number of municipalities represented thereby).
(g) 
Each member municipality and county reserves the right, pursuant to Section 2d of Chapter 316, Laws of 1971, to withdraw from the Commission, provided, however, that at least ninety (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 obligations under the budget for such year.
[MC 1972-16, § 1, May 15, 1972]
(a) 
The Mayor, with the advice and consent of the Council, shall appoint two (2) representatives to the Commission, one (1) of whom may be a councilman, an appointed officer of the City, or a member of the Planning Board, Board of Adjustment, or the Health Advisory Council, and the other of whom shall hold no other public office or position.
(b) 
In addition to such representatives, the Mayor with the advice and consent of the Council, may appoint two (2) alternate representatives to the Commission, who shall serve for the terms of one (1) 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 City and vote in the event of the absence or disability of one or both of the regular representatives.
(c) 
Each representative shall serve for a term of five (5) years, or until his successor has been appointed and has qualified except that any appointed representative who holds another elected or appointed public office shall serve as such representative only so long as he shall hold such other elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies caused by the death, resignation or other inability to serve of a representative shall be filled for the balance of the term only.