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") is hereby given, and granted to New Jersey-American, its
successors and assigns.
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.
The Mayor and the Clerk of the Township are authorized to execute
the documents and agreements necessary to effectuate this municipal
consent.