That exclusive and perpetual consent and permission to furnish
wastewater collection and conveyance for those residents, businesses
and government buildings in the area of the Township on Schedule A
(the "Proposed Franchise Area") is hereby given and granted to NJAW, its successors and
assigns for the maximum duration permitted by law, subject to the
permission by the Board of Public Utilities of the State of New Jersey.
That exclusive consent and permission is given to NJAW, its
successors and assigns, under the provisions of N.J.S.A. 48:19-17
and N.J.S.A. 48:19-20, as amended, without charge therefore, (except
fees for road opening permits which shall be paid) as the same may
be required in order to permit NJAW to own and operate the System,
add to, extend, replace, operate and maintain said System in the public
property described herein in order to provide said wastewater collection
and conveyance service. This shall include permission to lay pipes
beneath the public roads, streets, public property and public places.
The consent to use the Township streets is limited by statute to (50
years).
That a certified copy of this Ordinance, upon final passage,
shall be sent to NJAW, the New Jersey Department of Environmental
Protection and the Board of Public Utilities of the State of New Jersey.
That the consent granted herein shall be subject to NJAW complying
with all applicable laws of the Township and/or the State of New Jersey
including, but not limited to, any and all applicable statutes and
administrative agency rules and/or regulations and contingent upon
the Borough and NJAW completing the acquisition of the Somerville
System.
The Mayor and the Administrator of the Township are authorized
to execute the documents and agreements necessary to effectuate this
municipal consent.
Each section, subsection, sentence, clause and phrase of this
Ordinance is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this Ordinance to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this Ordinance.
All ordinances or parts of ordinances inconsistent with this
Ordinance are hereby repealed to the extent of such inconsistency.