[HISTORY: Adopted by the Township Committee of the Township of Mullica 8-31-2021 by Ord. No. 14-2021. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Schedule A Schedule A Mullica Franchise Map
An exclusive and perpetual consent and permission to furnish water to and wastewater conveyance from residents, businesses and government buildings on properties situated within Mullica Township along Hamburg Avenue from U.S. Route 30 to West Moss Mill Road, as shown on Schedule A (the "Designated Right-of-Way Area")[1] is hereby given, and granted to New Jersey-American, its successors and assigns.
[1]
Editor's Note: Schedule A is on file in Township offices.
A. 
An exclusive consent and permission is given to New Jersey-American, 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 New Jersey American Water to own and operate the Systems add to, extend, replace, operate and maintain said water and wastewater Systems in the public property described herein in order to provide said potable water and wastewater conveyance service within the Designated Right-of-Way Area. This shall include permission to lay pipes, valves, pumps, manholes and other necessary equipment beneath the public roads, streets, public property, and public places within the Designated Right-of-Way Area. The privilege granted herein shall include the right to construct, install, and maintain fire hydrants in and along the Designated Right-of-Way area.
B. 
As permitted by N.J.S. 48:3-15, the term of this Municipal Consent shall be 50 years commencing on the effective date of this Ordinance.
The grants of a Municipal Franchise and a Municipal Consent are subject to the following terms and conditions:
A. 
A final order issued by the New Jersey Board of Public Utilities approving the acquisition by New Jersey American Water of the assets of the Egg Harbor City Municipal Utility as contemplated by the Agreement of Sale between those parties dated March 29, 2021;
B. 
A final order issued by the New Jersey Board of Public Utilities approving the Franchise and Municipal Consent Ordinance(s)- which may be included in the same Docket as Subsection A;
C. 
Approval of the acquisition of the assets by the New Jersey Department of Community Affairs; and
D. 
All water and sewer mains and appurtenant facilities constructed, modified, or replaced within the Designated Right-of-Way Area, and any such mains and appurtenant facilities shall be subject to compliance with all federal, State, and local regulations, administrative agency rules, and approvals including, but not limited to, the New Jersey Department of Environmental Protection and the New Jersey Pinelands Commission.
E. 
New Jersey American Water Company shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations, arising from its construction, installation, or maintenance of its facilities.
No expansion or extension of water and/or sewer service beyond the Designated Right-of-Way Area shall be permitted unless the Township Committee shall adopt a subsequent ordinance expanding the franchise area and granting municipal consent to use such additional rights-of-way.
A. 
Upon final passage the Township Clerk shall send a certified copy of this ordinance to:
New Jersey American Water
1 Water Street
Camden, NJ 08102
to the attention of:
Stephen R. Bishop, Corporate Counsel
B. 
New Jersey American Water Company shall submit this Ordinance to the New Jersey Board of Public Utilities and shall provide the Township Clerk and Township Attorney with a copy of all applications filed with the New Jersey Board of Public Utilities; and shall include the Township Clerk and Township Attorney on the Service List for all such filings.