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Agreement
for joint con.
struction and
operation of
sewers.

for, making provision, however, for not more than ten per centum of the factory waste and excluding all waste from gas works, and all substances or discharges which may injuriously affect the integrity of the sewer or sewers when constructed.

4. Any two or more of said municipalities, at any time after the expiration of three months from the date of the said delivery of copies of said maps, plans, specifications and estimates to all of the said municipalities lying in whole or in part within the said sewerage district, are hereby authorized and empowered, by resolution of their governing bodies or boards having charge of their finances, to enter into a contract in writing with each other and with the Passaic Valley Sewerage Commissioners, in their corporate capacities, for the construction, maintenance and operation of said sewer or sewers, plant or works, with the appurtenances, or of so much thereof as may be necessary and appropriate for the contracting municipalities, together with works, machinery, appliances and other things requisite or useful for the purposes to be accomplished by such intercepting sewer or sewers, and for the purchase of lands, rights in lands and other property requisite or useful therefor.

The contract herein authorized shall generally describe the route, line, size and capacity of such intercepting sewer or sewers, and shall fix the percentage of the capacity therein, to the use of which each of the contracting municipalities shall be entitled, together with the percentage of the cost and expense of construction, repair, maintenance and operation of the same to be paid by each of the contracting municipalities. The cost of the construction of said sewer or sewers, plant and works shall in said contract be apportioned to the respective municipalities entering into the contract in such proportion as the taxable property, real and personal, within so much of said municipality so contracting as is embraced in said sewerage district bears to the total amount of taxable property, real and personal, within so much of all the municipalities so contracting as is embraced within said sewerage district, as returned and certified by the respective taxing boards and taxing offi

What contract to describe.

Cost of construction apportioned.

tion.

cers of the said municipalities for the year one thousand nine hundred and seven.

Provided, however, that all taxable property, real and Proviso. personal, for this purpose, be assessed at its true value, and it shall be the duty of each assessor, taxing board and taxing officer, for the several municipalities so contracting, for this purpose to examine, compute and determine, and certify to the said sewerage board on or before the first day of October, one thousand nine hundred and seven, the amount of taxable property, real and personal, assessed for the year one thousand nine hundred and seven, to and upon person and property within so much of the several municipalities so contracting as lie within the said sewerage district; and the books of each Assessors' of said assessors, taxing boards and taxing officers shall for inspecat all times be open for examination to the Board of Sewerage Commissioners and to the contracting municipalities, its and their officers and agents, for the purpose of examining, checking and verifying said certificates.

In case any contracting municipality shall request Increase of sewage capacity in excess of what would be allotted to it capacity. for sewage, including ten per centum of factory waste, provision may in said contract be made for the enlargement of said sewer or sewers, plant and works, in order to accommodate, take care and dispose of a larger quantity of factory waste, such increase in accommodation to be made at the expense of the municipality making requisition therefor.

The cost of maintenance, repair and operation of said Annual ap. sewer or sewers, plant and works shall, by the terms of of operation said contract, be apportioned annually to the respective municipalities entering into said contract, according to the amount of sewage by them respectively delivered or discharged into any sewer or sewers or other receptacle provided or constructed by the said sewerage commissioners for the reception of the same.

The said contract shall provide for the construction Intercepting by the Passaic Valley Sewerage Commissioners of an intercepting sewer or sewers, plant and works, reasonably sufficient in size and capacity to intercept and dispose of sewage and other polluting matter of the con

expenses.

sewers.

Absolute discretion vested in commission ers.

Contract to include lands, etc.

Expenses of commissioners included in cost.

tracting municipalities for the present, and, so far as can be estimated and foreseen, for the future, and said sewer or sewers, plant and works may differ substantially in details from the preliminary maps, plans, specifications and estimates submitted to the municipalities as hereinbefore directed.

And the several contracting municipalities and the Passaic Valley Sewerage Commissioners are hereby vested with absolute discretion in the determination of the size and capacity of such intercepting sewer or sewers, plant and works.

Any contract made or entered into pursuant to the provisions of this act shall provide for the building, repairing, operating, maintaining and cleaning of any such intercepting sewer or sewers, plant and works, and for the purchase of the necessary lands, rights in land and other property by the Passaic Valley Sewerage Commissioners, and for the payment of the cost and expense thereof by the several contracting municipalities to the said commissioners.

The total cost and expense of constructing said intercepting sewer or sewers, plant and works, shall include as a part thereof the expenses of the Passaic Valley Sewerage Commissioners heretofore incurred and not otherwise provided for, not exceeding the sum of twenty-five thousand dollars ($25,000), also the cost of preliminary maps, plans, specifications and estimates herein referred to; also, the salary or other compensation of the said commissioners up to the completion of said intercepting sewer or sewers, plant and works, together with all incidental expenses of maintaining their corporate organization and clerical and engineering services, and the reasonable compensation of counsel which they are hereby authorized to employ.

The cost and expense of maintaining, repairing and operating said intercepting sewer or sewers, works and plant, shall include as a part thereof the salaries or other compensation of the said commissioners, also charges for clerical and engineering services, compensation of counsel and incidental expenses of maintaining their corporate organization.

Sundry expenses included.

exercised.

porate name.

In all the contracts to be made between the munici- Power of palities and the Passaic Valley Sewerage Commission- main to be ers, pursuant to the terms of this act, the several municipalities so contracting shall undertake and agree, upon the request of the Passaic Valley Sewerage Commissioners, to exercise and put in operation all their powers of eminent domain for the condemnation of lands, rights in lands and other property for the benefit of such joint enterprise, either within or outside the territory of such contracting municipalities.

5. Upon the making of the contract hereby author- Commissioners ized the Passaic Valley Sewerage Commissioners shall land in cor. have full power in their own corporate name to purchase and acquire all lands, rights and interest in lands, either within or outside the territory of the joint contracting municipalities, which may be necessary for the construction of such intercepting sewer or sewers, and its appurtenances, and for this purpose are authorized to condemn the same in the manner provided by the Condemnation. general laws of this State relating to the condemnation of lands for public use.

Upon the making of such contract the Passaic Valley contract, a kiga Sewerage Commissioners are further authorized and to begin. empowered to erect, construct, maintain and operate such intercepting sewer or sewers and appurtenances, together with all works, machinery, appliances and other things requisite or useful for the purposes to be accomplished by the same.

It shall be lawful for the Passaic Valley Sewerage Right to Commissioners, in the execution of said works, to build in other

munieipality. and construct said intercepting sewer or sewers and the necessary appurtenances thereto, to the point or points of discharge and disposal determined by said contract, and for this purpose to pass through or partly through territory situated within the bounds of any other municipality than those contracting with it for the construction of said work, and they shall have full power to con- Right of way. struct such intercepting sewer or sewers, and its appurtenances, along, under and over any water course, or under or over or along or across any street, turnpike, Toad, railroad, highway or other way, or public park or

obstruct business unduly.

done by contract.

grounds, and in or upon private or public land under Not to water; in such way and manner, however, as not neces

sarily to obstruct or impede travel or navigation, and may enter upon and dig up any street, highway or private or public land, for the purpose of constructing said work and appurtenances and for repairing and maintaining the same, and in a general way to do all other acts and things necessary, convenient and proper in connection with the making and maintaining of the improvement contemplated by the provisions of this act. The highways dug up and disturbed shall be restored to

their former condition as near as may be. When work Whenever any work to be performed or material to

be furnished shall involve an expenditure of any sum of money exceeding the sum of two thousand dollars ($2,000) the Passaic Valley Sewerage Commissioners

shall designate the time when they will meet at their Proposals usual place of meeting to receive proposals in writing invited.

for doing the work and furnishing the material; and said commissioners shall order its clerk to give notice by advertisement, inserted in at least two newspapers printed and circulating, respectively, in two of the counties of said district, at least ten days before the time of such meeting, of the work to be done and material to be furnished, of which at the time of such order they shall cause to be filed in their office particular specifi

cations. Proposals All proposals received shall be publicly opened by the publicly said commissioners and the commissioners shall award

the contract to the lowest responsible bidder; all contractors shall be required to give bond satisfactory in amount and security to the Passaic Valley Sewerage

Commissioners. Temporary

6. For the purpose of defraying the cost and expense obligations to of the construction of such intercepting sewer or sewers,

plant and works, and appurtenances, and of making the payments which shall be designated and required to be made by such joint contract, the governing body or board in charge of the finances of each contracting municipality is hereby authorized and empowered to borrow the money necessary to make such payments upon the notes or other temporary obligations of such municipality,

opened.

meet ex. penses.

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