Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 8-10-1976 as Ord. No. 76-17. Amendments noted where applicable.]

§ 23-1 Agreement to participate.

The Borough of Kenilworth, County of Union, State of New Jersey, agrees to participate in the operation of the Morse's Creek Flood Control Commission, pursuant to Chapter 316 of the Public Laws of 1971 as follows.

§ 23-2 Participating municipalities.

The municipalities and county invited to participate in said Commission are:
A. 
City of Linden.
B. 
Borough of Roselle.
C. 
Borough of Roselle Park.
D. 
Borough of Kenilworth.
E. 
County of Union.

§ 23-3 Duties and functions of Commission.

The Morse's Creek Flood Control Commission shall:
A. 
Collect, study and analyze data on flooding, past floods and the causes of floods in the area.
B. 
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 area.
C. 
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.
D. 
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like.
E. 
Encourage the acquisition of lands within the floodway and low-lying areas by appropriate County Park Commissions, counties or participating municipalities.
F. 
Publicize methods of flood control and flood prevention.
G. 
Encourage its participating members and others to adopt appropriate ordinances and regulations relating to flood control.
H. 
Encourage its participating members to support other programs designed or intended to alleviate flooding.
I. 
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 agreement and subject to limitations as set forth in Chapter 316 of the Public Laws of 1971.

§ 23-4 Quorum.

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 one county representative and at least one representative from each municipality.

§ 23-5 Withdrawal.

Each member municipality and county reserves the right, pursuant to Chapter 2 of said Chapter 316 of the Public Laws of 1971, 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 withdrawl, 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.

§ 23-6 Appropriations.

A. 
The general administrative and other expenses of the Commission affecting the Commission as a whole shall be apportioned among the members as follows:
(1) 
One-fourth thereof to be borne by Union County.
(2) 
Three-fourths thereof to be apportioned among other municipalities according to a formula taking into account total area within the drainage basin.
B. 
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 the authorization of such project.
C. 
Any apportionments of expenses made by the Commission may be changed by agreement among the participating municipalities and county; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection A above without the consent of the governing body of each participating member.

§ 23-7 Budget.

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 one county representative (regardless of the total number of counties represented thereby) and at least one representative from each municipality (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 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 weeks after the date of tentative adoption by the Commission.

§ 23-8 Representatives to Commission; terms; alternates.

A. 
The Mayor shall appoint, with the approval of the Council, two representatives to the Commission. Either or both of said representatives may be a member of the Council or hold other elective or appointive office in the borough.
B. 
Each representative shall serve a term of five years or until his successor has been appointed and qualified, except that any appointed representative who holds other elective or appointive public office shall serve as such representative for the term of his elected or appointed office and only so long as he shall hold such elected or public office, not withstanding his term of appointment as such representative. Appointments to vacancies shall be filled for the balance of the term only.
C. 
In addition to such representatives, the Mayor shall appoint, with the approval of the Council, two alternate representatives to the Commission who shall serve for the 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 Council and vote in the event of the absence or disability of one or both of the representatives.
D. 
No alternate representative shall automatically succeed to a representative position upon a vacancy occurring in a regular position.