[Adopted 8-13-1959 as Ord. No. 178A[1]; 1974 Code Ch. A160]
[1]
Editor's Note: The preamble of this ordinance reads as follows:
"Whereas, by resolution adopted by the Township Committee of the Township of Berkeley, at a regular and duly convened meeting thereof, held on June 11, 1959, consent was granted by said township to the organization of a water company pursuant to N.J.R.S. 48:19.1, et seq.; and
"Whereas, said water company under the name of Berkeley Water Company was duly incorporated under the applicable laws of the State of New Jersey on July 9, 1959, and
"Whereas, application has been made by said water company for the consent of the Township of Berkeley to use all public roads, streets and alleys as now laid out and constructed or to be laid out and constructed in that part of this municipality as hereinafter more particularly described, for the purpose of laying, constructing and maintaining water pipes and conduits at least three feet below the surface of, and water hydrants on and along, such public roads, streets and alleys, at such times and in such places as shall be necessary and proper to enable said company to carry into effect the purposes of its incorporation; and
"Whereas, said company will serve, and such consent is requested for, that part of the Township of Berkeley lying immediately adjacent to the line of the Borough of Beachwood and the line of the Borough of Pine Beach and more particularly described as follows: Beginning at a point in the westerly line of U.S. Route 9 where it is intersected by the southerly line of the Borough of Beachwood, said point also being the most northerly point on an unfiled map of Gladney Manor, said point also being shown on Index Sheet No. 3, Sheet 68 of the Berkeley Township Tax Map dated December, 1958, prepared by John C. Fellows & Son; thence southeasterly along the southerly line of U.S. Route 9, 10,040 feet, more or less, to the point at Motts Corner where it is intersected by the center line of Korman Road; thence southerly and continuing along the westerly line of U.S. Route 9, 4,270 feet to the northerly line of Hickory Lane; thence westerly along the northerly line of Hickory Lane 6,525 feet, more or less, to the center line of the Central Railroad of New Jersey; thence northwesterly along the center line of said railroad, 7,650 feet, more or less, to the southerly line of the Borough of Beachwood; thence northeasterly along the said Borough of Beachwood line 2,180 feet, more or less, to the westerly line of Route 9 and the place of beginning; and
"Whereas, due to the rapid expansion in the development and construction of homes in the area above described, it is to the best advantage of this municipality and the future development thereof, and for the general welfare and health of its citizens that a safe, adequate and proper water supply be made available for those in the area to be served."
This municipality does hereby authorize and consent to the use by said water company of all public roads, streets and alleys as now laid out and constructed or to be laid out and constructed in that part of this municipality as hereinafter more particularly described, for the purpose of laying, constructing and maintaining water pipes and conduits at least three feet below the surface of, and water hydrants on and along, such public roads, streets and alleys, at such times and in such places as shall be necessary and proper to enable said company to carry into effect the purposes of its incorporation, for a period of 50 years from the date that the foregoing consent is formally approved by the Board of Public Utility Commissioners of the State of New Jersey.
Said consent shall only extend to and cover that part of the Township of Berkeley lying immediately adjacent to the line of the Borough of Beachwood and the line of the Borough of Pine Beach and more particularly described as follows: Beginning at a point in the westerly line of U.S. Route 9 where it is intersected by the southerly line of the Borough of Beachwood, said point also being the most northerly point on an unfiled map of Gladney Manor, said point also being shown on Index Sheet No. 3, Sheet 68 of the Berkeley Township Tax Map dated December 1958, prepared by John C. Fellows & Son; thence southeasterly along the southerly line of U.S. Route 9, 10,040 feet, more or less, to the point at Motts Corner where it is intersected by the center line of Korman Road; thence southerly and continuing along the westerly line of U.S. Route 9, 4,270 feet to the northerly line of Hickory Lane; thence westerly along the northerly line of Hickory Lane 6,525 feet, more or less, to the center line of the Central Railroad of New Jersey; thence northwesterly along the center line of said railroad, 7,650 feet, more or less, to the southerly line of the Borough of Beachwood; thence northeasterly along the said Borough of Beachwood line 2,180 feet, more or less, to the westerly line of Route 9 and the place of beginning.
The above consent is granted on the further express condition that said company shall, in laying, constructing and maintaining said water pipes, conduits and water mains, at its own cost and expense, refill, resurface and restore any public streets or alley so used, to the same condition as before the construction or excavation.
The Borough Clerk shall forthwith send a certified copy of this ordinance to the Berkeley Water Company.
[Added 4-27-1961 by resolution[1]]
A. 
The Township of Berkeley does hereby consent to the extension of the franchise area previously granted to the Berkeley Water Company by ordinance adopted July 23, 1959, and which proposed extension of the Berkeley Water Company franchise area is set forth in the description aforesaid stated and further described in Schedule A hereto attached and made a part of this resolution.[2]
[2]
Editor's Note: Schedule A is on file in the office of the Municipal Clerk.
B. 
This municipality does hereby authorize and consent to the use by said company of all public roads, streets and alleys as now laid out and constructed in that part of this municipality as hereinafter more particularly described, for the purpose of laying, constructing, maintaining water pipes and conduits at least three feet below the surface of, and water hydrants on and along, such public roads, streets and alleys, at such times and in such places as shall be necessary and proper to enable said company to carry into effect the purposes of its incorporation, for a period of 50 years from the date that the foregoing consent is formally approved by the Board of Public Utility Commissioners.
C. 
Said consent shall extend to and cover that part of the Township of Berkeley as is more particularly described in the preamble hereof.
D. 
The above consent is granted on the further express condition that said company shall in laying, constructing and maintaining said water pipes, conduits and water mains, at its own cost and expense, refill, resurface and restore any public street or alley so used, to the same condition as before the construction or excavation.
[1]
Editor's Note: The preamble of this resolution reads as follows:
"Whereas, application has been made by the Berkeley Water Company for an extension of it's franchise area granted to the water company by a certain ordinance adopted July 23, 1959; and
"Whereas, said company will serve, and such consent is requested for, that part of the Township of Berkeley lying between the northern boundary of lands covered by the franchise granted to the Berkeley Water Company by the Township of Berkeley by ordinance adopted on June 9, 1960, and the Toms River and the Barnegat Bay, and more particularly bounded and described as follows: Beginning at a point where the boundary line between the Township of Berkeley and the Borough of Pine Beach, both of Ocean County, New Jersey, is marked by a monument at the point where the easterly right-of-way line of Avon Road in the said Borough of Pine Beach intersects the northerly right-of-way line of U.S. Route 9; thence running along the various courses of the said boundary line between the Township of Berkeley and the Borough of Pine Beach in a generally northerly and easterly direction to the Toms River; thence beginning again at the said beginning point, and running across the said U.S. Route No. 9 to the point of intersection of the easterly right-of-way of said Avon Road extended, with the southerly line of the said U.S. Highway No. 9; thence running in a southeasterly direction along the southerly line of the said Route No. 9 to the point of Motts Corner where said line is intersected by the center line of Ocean Gate Drive extended southwesterly across said Route No. 9; thence running along said center line of Ocean Gate Drive as extended across said U.S. Route No. 9 and continuing along said center line in a northeasterly direction to its point of intersection with the boundary line of Ocean Gate; all as shown and described on Map entitled "Berkeley Water Company, Berkeley Township, Ocean County, New Jersey, Location Plan, Water Utility Franchise Application" prepared by Joseph H. Anderson, P.E., L.S. and dated March 27, 1961, attached hereto and made a part of the resolution and marked "Revised Schedule A"; and
"Whereas, there is no present water supply system available through the above described area; and
"Whereas, it is to the best advantage of this municipality and the future development thereof, and for the general welfare and health of its citizens that a safe, adequate and proper water supply be made available for those in the area to be served:"