Pursuant to N.J.S.A. 48:3-11 et seq., the Borough of Bloomsbury,
County of Hunterdon and State of New Jersey, herein referred to as
"grantor," hereby grants to Aqua New Jersey, Inc., a public utility
corporation of the State of New Jersey, herein referred to as "grantee,"
a municipal consent of the scope and description as follows: the grantee
shall have the right and authority, during the term of the municipal
consent granted by this ordinance, to operate, construct, maintain
and manage a waterworks, treatment and distribution system within
the limits of the Borough of Bloomsbury to service the area more particularly
described on the attached map (the "franchise area") incorporated
herein by reference and on file with the Borough Clerk [subject to
the grantee obtaining the necessary permits and approvals of the New
Jersey Department of Environmental of Protection (NJDEP) and the New
Jersey Board of Public Utilities (BPU)]. For such purpose, the grantee
has the right to purchase, erect or construct, equip and maintain
such facilities as are reasonably necessary for furnishing potable
water. The municipal consent granted in this ordinance includes the
right to collect charges for services in accordance with state laws
and regulations and in compliance with tariffs as approved by the
BPU, from time to time, and to make such excavations and openings
in public streets as are reasonably necessary for the above purposes,
in accordance with such local ordinances and state statutes and regulations
made and provided.
The municipal consent granted by this ordinance shall be perpetual,
subject only to such limitations as are now or may hereafter be provided
by law.
Consideration for the privileges and provisions granted in this
ordinance shall be the public service provided to the citizens of
this community by the grantee. To the extent now or hereafter permitted
by the statutes or laws of the State of New Jersey, this ordinance
shall inure to the benefit of, and be binding upon, any city, town,
or other municipal corporation to which the franchise area of the
Borough of Bloomsbury may hereafter be attached or annexed or into
which it may be incorporated.
The provisions and privileges of this ordinance may be forfeited,
at the option of the grantor, upon failure or refusal by the grantee
to observe the terms and conditions set forth herein. Forfeiture may
be exercised by written notice to the grantee of failure to observe
the terms and conditions hereof, followed by the grantee's unreasonable
refusal to eliminate or correct such failure or violations within
90 days.
If the provisions of any section, subsection, paragraph, subdivision
or clause of this ordinance shall be adjudged invalid by a court of
competent jurisdiction, such judgment shall not effect or invalidate
the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance or any other ordinance which is referred
to herein by reference. To this end the provisions of the section,
subsection, paragraph, subdivision or clause of this ordinance are
hereby declared to be severable. Should a court of competent jurisdiction
adjudge any clause, sentence or other part of this ordinance invalid,
such judgment shall not affect, impair or invalidate the remainder
of this ordinance.