[HISTORY: Adopted by the Township Committee of the Township
of Mullica 8-31-2021 by Ord. No. 14-2021. Amendments noted where applicable.]
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:
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New Jersey American Water
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1 Water Street
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Camden, NJ 08102
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to the attention of:
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Stephen R. Bishop, Corporate Counsel
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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.
The Mayor and the Clerk of the Township are authorized to execute
the documents and agreements necessary to effectuate this municipal
consent.
