[Adopted 8-21-2019 by Ord. No. 2604-19]
The Borough of Roselle, County of Union, State of New Jersey,
agrees to participate in the creation and operation of the Morses
Creek Flood Control Commission pursuant to N.J.S.A. 40:14-16 et seq.,
as follows:
The Morses 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 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 N.J.S.A.
40:14-16 et seq.
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 municipal representative.
Each member municipality and county reserves the right, pursuant
to Section 2 of P.L. 1971, c. 316 (N.J.S.A. 40:14-17), 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 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 responsibility and obligation under the budget
for such year.
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 shall be borne by Union County.
(2)
Three-fourths thereof shall be apportioned among the participating
municipalities according to a formula taking into account the total
area within the drainage basin, resulting in the following:
(3)
In the event other municipalities with areas in the Morses Creek
Drainage Basin decide to join the Commission, the formula used to
obtain the foregoing percentages shall be reapplied to determine the
apportionment among the remaining and participating municipalities.
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 authorization of such project.
C.
The apportionments set forth herein 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 B above without the consent of the governing body of such participating member.
D.
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 municipal representative (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.
A.
The Mayor shall appoint, with approval of Council, two representatives
to the Commission. Either or both of the representatives may be a
member of the Borough Council or 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
appointed public office, notwithstanding his term of appointment as
such representative. Appointments to vacancies shall be filled for
the balance of the term only.
C.
Alternate representatives.
(1)
In addition to such representatives, the Mayor shall appoint, with
Council approval, two alternate representatives to the Commission
who shall serve for the terms 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 Borough
Council and vote in the event of the absence or disability of one
or both of the representatives.
(2)
No alternate representative shall automatically succeed to a representative
position upon a vacancy occurring in a regular position.
