§ A144-37. Other rights of borough affecting grantee.  


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  • In addition to the right to declare a default and forfeit said franchise, the borough shall have the following cumulative rights:
    A. 
    To deliver and dispose of its refuse by other means and to charge the cost thereof to the grantee.
    B. 
    To operate said plant and to charge the cost of operation thereof to the grantee. Said right to operate includes the right of the borough to enter upon the premises of the grantee.
    C. 
    In the event the grantee does not commence or complete the work provided herein and in the plans and specifications, the borough, at its option, may complete said work at the expense of the grantee, who shall pay the cost of the work upon demand.
    D. 
    In the event said incineration plant does not operate efficiently in conformity with the rules and regulations of the Borough of Wanaque and its ordinances and the rules and regulations of any state agency, the grantee shall dismantle said plant when ordered to do so by the Borough of Wanaque.
    E. 
    In the event that said plant is not completed within the time fixed herein, the grantee shall bear the cost of transporting the borough's refuse and the cost of disposing of the same. Such transportation and disposal shall be made in accordance with the direction of the borough, and the cost thereof shall be paid to the borough upon demand.
    F. 
    The grantee shall be required at its expense to make any repairs or replacements necessary, or to install any equipment during the period of the franchise in order to make said plant operate in an efficient manner and in compliance with all of the rules and regulations of the Borough of Wanaque and the rules and regulations of any state agency, and in the event of failure to do so, said work shall, at the option of the Borough of Wanaque, be performed at the grantee's expense and shall be repaid to the Borough of Wanaque upon demand.