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:
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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.
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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:
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SCHEDULE A
SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY
ASSIGNED MINIMUM FLOW OF WASTEWATER
IN GALLONS PER DAY
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Participant
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Amount*
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1.
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Franklin Borough
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410,000 GPD
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2.
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Hamburg Borough
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210,000 GPD
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3.
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Vernon Valley Sewer Company
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80,000 GPD
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4.
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Wallkill Sewer Company
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16,000 GPD
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* Annual Average.
In the case of the first year of plant operation, average shall be
calculated for the period of operation.
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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.