[HISTORY: Adopted by the Township Committee of the Township
of Mendham 10-11-2005 by Ord. No. 10-2005. Amendments noted
where applicable.]
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. 48:19-20, 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[1] 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 ordinance.
[1]
Editor's Note: Schedule A is on file in the Township offices.
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 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, catch basins, 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.
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.
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.
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,[1] and compliance with all applicable laws, rules and regulations
of the State of New Jersey and all state departments and agencies.
[1]
Editor's Note: Schedule A is on file in the Township offices.
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.
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.
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.
Upon final adoption, a certified copy of this ordinance shall
be forwarded by the Township Clerk to the company.
This ordinance shall take effect upon publication of notice
of final adoption as provided by law.
