[Adopted 5-6-2003 by Ord. No. 2003-6]
Any prior franchise of this Township granted
by ordinance or resolution to the grantee[1] or any of its predecessors is hereby superseded in its
entirety.
[1]
Editor's Note: The preamble to Ord. No. 2003-6
designated Consumers New Jersey Water Company as the grantee.
Subject to the terms and conditions provided
in this ordinance and further subject to the applicable rules, regulations
and ordinances of this Township, the grantee, its successors and assigns,
is hereby granted a nonexclusive franchise for a term of 50 years
for the right and privilege of providing public water services, including
water to provide for fire demand, and to place, erect, maintain and
operate in and under the public roads, streets, alleys, avenues, thoroughfares
and highways owned, accepted or maintained by the Township, including
the rights-of-way thereof (all hereinafter referred to as "streets")
and within this Township, distribution mains, pipes, manholes, and
other appurtenances reasonably required for the rendering of public
water service (including water for fire demand) solely to the areas
on this Township to which this franchise applies.
The grantee shall, at all times during the term
of the franchise hereby granted, be subject to all lawful exercise
of the police power by the Township and to such other reasonable ordinances
and regulations as the Township may hereinafter by ordinance or resolution
provide. This franchise shall not restrict in any manner the right
of the Township in the exercise of any power which it now has or which
may hereafter be authorized or permitted by the laws of the State
of New Jersey or of the United States.
A.
Before proceeding with any new construction to locate
water service facilities within Township streets (including their
rights-of-way) pursuant to this ordinance, the grantee shall file
with the Township a map or plan showing the location and size of any
such proposed mains, pipes, manholes, and other facilities to be approved
by the Township or its authorized representative before any such work
is begun. Such maps or plans are for the Township's information only
and shall not be considered as construction specifications upon which
subsequent construction or excavation may proceed either by the municipality
or a third party. Prior to actual commencement of any construction,
extension or relocation of any of the grantee's mains, pipes, manholes,
or other facilities in the streets within the Township, the grantee
shall give the Township reasonable advance notice to the Township
Public Works Superintendent.
B.
All the grantee's facilities hereafter located within
said rights-of-way shall be placed in a manner so as, following construction,
not to impede or interfere with the use of said rights-of-way for
public street purposes or by other utilities.
A.
It shall be lawful for said grantee to make all necessary
excavations in any street, public right-of-way or public utility easement
in the Township for the purpose of laying and maintaining mains, pipes,
manholes, and appurtenances reasonably needed for the provision of
water service. Work by the grantee shall be done in compliance with
the necessary rules, regulations, ordinances or orders, which may,
during the continuance of this franchise, be adopted from time to
time by the Township and any laws and regulations of the State of
New Jersey.
B.
Prior to the opening or excavation of any street,
the grantee must first obtain, and pay a reasonable fee for such street
opening or excavation permits as may be required by local ordinances.
The surface of the sidewalks and streets, and
any pavement or other surface or planting disturbed by the grantee
in locating its water service facilities, shall be restored to as
good condition as it was before the commencement of the work and in
accordance with local ordinances, and no street shall be encumbered
for a longer period than shall be necessary to execute the work. If
the grantee fails to do so, the Township shall have the right to fix
a reasonable time within which such repairs and restoration of streets
shall be completed, and upon failure of such repairs being completed
by the grantee, the Township shall cause such repairs to be made at
the expense of the grantee.
Nothing in this ordinance shall be construed
in any way to prevent the Township from sewering, grading, graveling,
paving, repairing, altering, or improving any of the streets within
the Township in or under which the mains, pipes, manholes, and other
facilities are located. However, the Township shall make reasonable
attempts to perform maintenance and make improvements so as not to
obstruct or prevent the free use of the grantee's equipment and apparatus.
This franchise is granted in order to provide public water service and public water use to the physical areas of the Township described on Schedule A attached to and made part of this ordinance.[1] No Township consent or franchise is granted to the grantee to provide or permit water service, or to extend its works, or to construct, lay, maintain, or operate mains, pipes, or appurtenances or other facilities, for the rendering of water service to any areas of the Township not physically located within the areas described in Schedule A, nor is any Township consent hereby granted to use streets of the Township outside the areas described in Schedule A.[2]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
The location and method of installation, repair
and maintenance of the grantee's facilities and any exercise of the
rights of the grantee under the term of this ordinance shall be subject
at all times to reasonable regulation by the Township to the extent
that such regulation is not inconsistent with existing regulation
by state or federal governmental entities. The grantee's operation
and work shall be carried on so as to avoid any unnecessary interference
with traffic or other permissible uses of the streets of the Township.
Equipment of the grantee or the grantee's agents which interferes
with allowable uses of the streets of the Township must be moved or
removed upon notice from the Township governing body, Township Public
Works Superintendent or Township Engineer. If the grantee fails to
move or remove equipment within the time allowed in the notice from
the Township's representatives, then such equipment may be moved or
removed by the Township, which may charge the cost of moving or removal
to the grantee.
Nothing contained in this ordinance shall be
construed to impose an obligation on the part of this Township to
open any street not heretofore dedicated or opened to the public use,
and nothing herein shall be construed as an acceptance by the Township
of any unaccepted street or any part thereof.
In the event that the Township vacates any public
right-of- way that has the grantee's facilities in or under it, the
Township agrees to reserve unto the grantee the rights granted by
this ordinance.
Without charge to the Township and with at least
120 days notice, the grantee shall make any reasonable removal and
change in the location or position of the grantee's facilities upon
request of the Township for the purpose of construction, improvements
or repairs to streets, sewers or other facilities of the Township.
The grantee agrees to indemnify and save harmless
the Township of Holland, its officers, agents and employees, from
and against all claims, liabilities, costs or expenses arising from
any loss of life or property, or injury to any property or person
or entity, caused by or arising out of conditions in the public right-of-way
resulting from any excavation or installation in connection with the
work and/or equipment of the grantee. This indemnification/save harmless
provision shall not apply when the loss, injury or damage is attributable
to the fault, failure or negligence of the Township. If such loss,
injury or damage is caused by the joint and concurring fault, failure
or negligence of the Township and the grantee, the same shall be borne
by the parties to the extent of their respective fault or negligence.
The Township does not hereby waive any defenses or immunities granted
or available to it by the New Jersey Tort Claims Act[1] or otherwise.
[1]
Editor's Note: See N.J.S.A. 59:1-1 et seq.
This franchise agreement shall be binding on
all the grantee's successors and assigns. Any transfer of this agreement
shall be subject to the successor or assign signing a new acceptance
of the existing franchise ordinance and filing said written acceptance
with the Township within 30 days of the transfer and the Township
authorizing said transfer.
A.
All services and activities undertaken by the grantee
shall be in accordance with applicable statutes, laws, and regulations
of the State of New Jersey [including regulations, rules, and orders
of the New Jersey Board of Public Utilities (BPU)], and any tariffs
of the grantee that may be approved by the BPU, as well as lawful
policies or procedures of the grantee dealing with the financing and
provision of water services.
B.
If any provision of this ordinance is in conflict
with any current or subsequently adopted state or federal law, then
this ordinance shall be interpreted to be revised to the extent necessary
to comply with the applicable state or federal law. In the event there
are significant changes in state or federal law which would require
revision of this ordinance in order for the Township or for the grantee
to be in compliance with the law, this ordinance may be changed at
any time for such purpose.
A.
The permission and consent given by this ordinance
shall continue for a period of 50 years from the date of its approval
by the BPU, subject to the right of the grantee to seek such changes
from time to time as it may necessary and reasonable.
B.
Throughout the full time that this ordinance is in
effect, the grantee shall furnish safe, adequate and proper water
service, and water pressure, hydrants and other facilities sufficient
to provide for fire demand, within its franchise area of this Township,
at just and reasonable rates, and keep and maintain its property and
equipment in such condition as to enable it to do so in accordance
with requirements of the BPU.
A.
Nothing contained in this ordinance shall be construed
to grant the grantee an exclusive right, or to prevent the granting
of permission and consent to other companies, to use the rights-of-way
to of this Township for like purposes.
B.
The permission and consent granted by this ordinance
shall apply to and cover the water service facilities heretofore and
hereafter located in the Township by the grantee.
The grantee shall seek the approval of the BPU,
or its successors, for the approval of this franchise. This franchise
shall take effect upon the date of its approval by the BPU. The grantee
shall file its written acceptance of this ordinance with the Township
Clerk of this Township within 30 days after the effective date of
this ordinance, and, as stated above, such acceptance and this franchise
shall, following the filing of such acceptance, become effective upon
the approval by the BPU.
