The Borough of South River agrees to participate in the creation and operation of the South Central Middlesex County Flood Control Commission (the "Commission") pursuant to N.J.S.A. 40:14-16 et seq. as follows:
A. 
The Boroughs of Helmetta, Jamesburg, Spotswood and South River and the Townships of East Brunswick, Monroe and Old Bridge have been invited to participate in the Commission; each municipality shall be entitled to two regular representatives on the Commission.
B. 
The Commission shall be established in accordance with N.J.S.A. 40:14-16 et seq. (the "statute").
C. 
The 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 subdivision 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 its members, subject to the limitations in the authorizing resolution of the Middlesex County Board of Chosen Freeholders and subject to the limitations as set forth in the statute.
D. 
The Commission's appropriations shall be apportioned as follows:
(1) 
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members in a manner to be determined by the members, not later than 120 days after the appointment of all representatives by the 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 specifically benefited thereby in advance of authorization of such project; and
(3) 
The apportionment 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 without the consent of the governing body of such participating member.
The tentative annual budget for the Commission shall be adopted by the Commission no later than 120 days after the appointment of all representatives by the participating municipalities.
The operating procedures of the Commission shall be adopted at a regular or special meeting of the Commission, but not later than 120 days after the appointment of all representatives by the participating municipalities.
The Borough of South River reserves the right, pursuant to the statute, to withdraw from the Commission; provided, however, that the Borough of South River shall provide the Commission with at least 90 days' notice of such intention and, if such withdrawal is after the adoption of the Commission budget for a given year, the Borough of South River shall not be absolved from its responsibility to meet its obligations under the budget for such year.
A. 
The Borough Council shall appoint two representatives to the Commission, one of whom shall be the Mayor and one of whom shall be a member of the Borough Council.
B. 
In addition to the foregoing two members, the governing body shall appoint two alternate representatives to the Commission, one of whom shall be the Business Administrator and the other of whom shall be either a) a resident of the Borough who shall not hold an elective or appointed position or b) another member of the Borough Council. Each alternate representative shall serve for a term of two years or until the appointment and qualification of his/her successor. Such alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The Business Administrator shall be designated as first alternate and the resident or Council member shall be designated as second alternate and in such order may represent the Borough and vote in the event of the absence or disability of one or both of the regular representatives.
C. 
Any representative who holds another elected or appointed 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. Any representative who does not hold another elected or appointed public office shall serve as such representative for a term commencing on January 1 of the year of appointment. 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. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.