A. 
The ordinance of the Borough of Franklin, New Jersey, heretofore adopted January 26, 1976, and entitled "An Ordinance Authorizing a Contract Between the Borough of Franklin, in the County of Sussex, New Jersey, and The Sussex County Municipal Utilities Authority Providing for and Relating to the Treatment and Disposal of Sewage in the Borough and Providing for the Payment of the Cost and Expense of such Treatment and Disposal" (the "prior ordinance") is hereby repealed in its entirety.
B. 
All prior action taken by the Mayor and the Clerk of the Borough in furtherance or execution of the contract referred to in the prior ordinance is hereby declared null and void.
The Borough does hereby determine that it will be economical and otherwise advantageous to it to have sewage and other wastes disposed of by the Sussex County Municipal Utilities Authority substantially on the terms of a new agreement authorized by this article.
The Borough shall enter into a new agreement with the Sussex County Municipal Utilities 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 terms and conditions and substantially in the form set forth in this article (with such additions and deletions as may be approved by the Mayor), such approval to be conclusively evidenced by the execution and delivery thereof by the Mayor, and the Mayor shall be and hereby is authorized and directed on behalf of the Borough to execute said new agreement under the corporate seal of the Borough which shall be impressed and attested by the Borough Clerk, and to deliver the same. The Mayor and Borough Clerk are hereby authorized, empowered and directed to do all things necessary, useful or convenient in connection with the authorization, execution and delivery of the attached contract.
Copies of said agreement are on file in the office of the Borough Clerk in Franklin and will be made available to the members of the general public who shall request the same.
This article shall take effect after:
A. 
Publication thereof by title after its final passage, as provided by law;
B. 
The final adoption by the governing bodies of the Township of Sparta, in the County of Sussex, New Jersey; the Borough of Ogdensburg, New Jersey; and the Borough of Hamburg, New Jersey, of repealing ordinances terminating their respective service contracts with the Authority, dated April 8, 1976, and publication thereof by title after final adoption;
C. 
The adoption by the governing body of the Borough of Hamburg of an ordinance authorizing the Borough of Hamburg to enter into and execute a new service agreement with the Authority, and publication by title after final passage; and
D. 
The adoption by the Authority of a resolution authorizing a new service contract to be entered into with the Boroughs.
The Borough of Franklin on February 11, 1983, entered into the 1980 Service Contract with the Sussex County Municipal Utilities Authority and the Borough desires to amend the 1980 Service Contract as follows:
A. 
The present Section 303 of the 1980 Service Contract between the Sussex County Municipal Utilities Authority (hereinafter called "Authority") and the Borough of Franklin (hereinafter called "Borough") shall be deleted in its entirety and replaced with the following Section 303:
Section 303 Sewage to be Accepted for Discharge Into Upper Wallkill System. The Authority hereby agrees to accept and treat, from the Borough, sewage (including domestic, commercial, institutional and industrial sewage, plus associated infiltration, as provided by Authority Rules and Regulations) of a volume up to 1,120,000 gallons per day (annual average), provided the strength and characteristics of such sewage comply with Authority Rules and Regulations as set forth in Section 501 hereof and N.J.S.A. 40:14B-20(12). Notwithstanding the provisions of Section 301 hereof or any other Section hereof, the Borough shall not have the right under this Agreement to deliver and discharge into the Upper Wallkill System any sewage or other waste except either (1) sewage originating within the territorial boundaries of the Borough up to a maximum of 1,120,000 gallons per day (annual average) as outlined above; and (2) any other sewage delivered and discharged into the Upper Wallkill System by the Borough with the written consent of the Authority.
B. 
The present Schedule A of the 1980 Service Contract between the Authority and the Borough shall be deleted in its entirety and replaced with the following Schedule A:
SCHEDULE A
SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY
ASSIGNED MINIMUM FLOW OF WASTEWATER
IN GALLONS PER DAY
Participant
Amount*
1.
Franklin Borough
410,000 GPD
2.
Hamburg Borough
210,000 GPD
3.
Vernon Valley Sewer Company
80,000 GPD
4.
Wallkill Sewer Company
16,000 GPD
* Annual Average. In the case of the first year of plant operation, average shall be calculated for the period of operation.
C. 
The Mayor and Clerk shall be and hereby are authorized and directed on behalf of the Borough to execute the amendment to the 1980 Service Contract with the Sussex County Municipal Utilities Authority as set forth in this section under the corporate seal of the Borough which shall be impressed and attested by the Borough Clerk. The Mayor and Borough Clerk are hereby authorized, empowered and directed to do all things necessary, useful or convenient in connection with the amendment of said contract.
D. 
Copies of said agreement are on file in the office of the Borough Clerk in Franklin and will be made available to the members of the general public who shall request the same.