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ORDINANCE 10-2005 AN ORDINANCE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, GRANTING MUNICIPAL CONSENT, RIGHT, PERMISSION AND AUTHORITY TO NEW JERSEY-AMERICAN WATER COMPANY, INC., TO CONSTRUCT, EXTEND, MAINTAIN, REPAIR, REPLACE, IMPROVE AND OPERATE FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF POTABLE WATER TO SERVE AN EXTENDED FRANCHISE AREA WITHIN THE TOWNSHIP WHEREAS, the Township Committee of the Township of Mendham adopted Ordinance 16-92 on July 27, 1992, Ordinance 3-94 on May 24, 1994, and Ordinance 15-97 on July 14, 1997, which ordinances granted to the New Jersey-American Water Company, Inc. (hereinafter referred to as the “Company”) franchises to provide water service to the areas of the Township designated in said Ordinances; and WHEREAS, pursuant to the provisions of N.J.S.A. 48:19-17, as amended, and N.J.S.A. 48:19-20, as amended, the Company has requested the Township to grant to the Company the municipal consent necessary for the Company to further extend its water service facilities within the Township; and WHEREAS, it is deemed to be in the best interests of the Township to adopt this Ordinance in order to grant to the Company the requested municipal consent and to include within the area of the Township subject to such consent certain properties not yet provided with water service and certain streets not yet provided with fire hydrant service; and WHEREAS, the adoption of this Ordinance will not affect water service currently provided by the Morris County Municipal Utilities Authority, the Randolph Township Municipal Utilities Authority and the Southeast Morris County Municipal Utilities Authority to other areas of the Township.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the 1. The Township hereby grants to New Jersey-American Water Company, Inc. the municipal consent required under the provisions of N.J.S.A. 48:19-17, as amended, and N.J.S.A. 48:19-10, as amended, as the same may be required in order to permit the Company to operate and maintain within the area described in Schedule A of this ordinance and hereinafter referred to as the “Extended Franchise Area” a system or systems for the transmission, distribution and sale of potable water. The Company may within such Extended Franchise Areas, construct, extend, maintain, repair, replace, improve and operate all works, mains, services, conduits, pipes, fire hydrants and any related apparatus necessary or convenient for such system or systems in, upon, over, across, along and under each and all of the streets, roads, bridges, other public places and municipal easements within such Extended Franchise Areas as they may at any time exist (all of the foregoing being hereinafter referred to as “public places”), all subject to the conditions and regulations set forth in this ordinances.
2. All works, mains, services, conduits, pipes and any related apparatus installed or placed by the Company pursuant to the consent granted by this ordinance shall be laid at least three (3) feet below the surface, shall be located so as not to interfere unnecessarily with the use of such public places, shall be installed or placed without damaging such public places or any drains, catchbasins, storm sewers, sanitary sewers or other like municipal improvements, and should damage occur the Company shall promptly repair the damage and restore the public place and any municipal facilities located therein to as good condition as existed prior to the undertaking of any work. All work in public places shall be done by the Company in accordance with the provisions of general ordinances of the Township governing the excavation in and repair of public streets, roads and easement in the Township. 3. The Township hereby agrees to pay to the Company the filed tariff rates for public fire protection service rendered through fire hydrants presently existing within the Extended Franchise Areas and through any other fire hydrants which may in the future be placed by the Company within such franchise area at locations designated by the Township. 4. The municipal consent and the rights and privileges accorded to the Company by this ordinance are granted without any obligation on the part of the Company to pay any charge or fee to the Township for the same or for the exercise of such rights and privileges. 5.
This ordinance and the consent contained herein shall apply only
to the Extended Franchise Areas described in Schedule A which is attached to and
made a part of this ordinance, and compliance with all applicable laws, rules
and regulations of the State of 6. The franchise granted by this ordinance shall expire within five years of the date of the adoption of this ordinance unless the Company shall provide water service to the franchise area within that time period. 7. The consent granted hereby is subject to the receipt by the Company of consent from the Morris County Municipal Utilities Authority in accordance with N.J.S.A. 40:14B-61 and the filing by the Company of a true copy of a Consent Resolution of the Morris County Municipal Utilities Authority with the Clerk of the Township of Mendham and with the Secretary of the Board of Public Utilities within 120 days of the Company’s submission of a complete application to the Morris County Municipal Utilities Authority pursuant to the said statute. 8. If any section, paragraph, sentence, phrase or other part of this ordinance shall be voided by any State law, rule or regulation or shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such State law, rule or regulation, or such court judgment, as the case may be, shall not affect, impair or invalidate the remainder of this ordinance but shall be confined to the section, paragraph, sentence, phrase or other part of this ordinance directly involved. 9. Upon final adoption a certified copy of this ordinance shall be forwarded by the Township Clerk to the Company. 10. This ordinance shall take effect upon publication of notice of final adoption as provided by law. |
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