[HISTORY: Adopted by the Township Committee of the Township of Andover
11-7-2001 by Ord. No. 2001-13. Amendments noted where applicable.]
Municipal consent is hereby granted to United Water New Jersey (hereinafter the “Water Company") for the construction, operation and maintenance of a public utility to provide water supply service within the franchise area defined in § A236-2A of this ordinance. This consent shall entitle the Water Company to own, construct, operate, and maintain a water supply system, including facilities such as wells, mains, storage tanks, service pipes, hydrants, valves and other appurtenances within the franchise area, subject to such additional approvals, endorsements or consents as the law may require.
The consent granted pursuant to § A236-1 shall be for a period of 50 years from the date of final adoption of this ordinance. The Mayor and Clerk of the Township of Andover (hereinafter "the Township") are hereby authorized to execute on behalf of the Township, all documents required to acknowledge said consent.
Municipal consent and authority are also hereby granted to the Water
Company to lay its mains (pipes) beneath such public roads, streets and places
within the franchise areas as it may deem necessary for its corporate purposes,
free from all charge to be made by any person or body politic whatsoever for
such privilege, provided that the mains (pipes) shall be laid at least three
feet below the surface and shall not unnecessarily obstruct or interfere with
the public travel or damage public or private property. Nothing herein shall
require removal or replacement of existing mains. For all new installations,
the consent of the public body charged with the repair and maintenance of
such roads, streets and places shall first be obtained. The Water Company
shall be required to restore such public roads, streets and places as nearly
as practicable to the condition they were in prior to the installation of
mains by it.
The Water Company, as the case may be, in the construction, installation,
maintenance and operation of the water supply system shall comply with all
applicable federal, state, and local statutes, rules, regulations and ordinances
and shall obtain all necessary approvals, permits and licenses from all federal,
state and local agencies having jurisdiction over any aspect of the water
supply system.
The Water Company shall indemnify and hold the Township harmless from
and against any and all claims, losses, or damages of any type, arising out
of the construction, installation, maintenance and operation of the water
supply system or any part of its component parts. The Water Company shall
maintain liability insurance with respect to the construction, installation,
maintenance and operation of its water supply system so as to provide coverage
in amounts not less than $2,000,000 or such other amounts as the Township
may from time to time require, and shall name the Township as an additional
insured on such policies. The Water Company shall provide to the Township
certificates of such insurance on an annual basis showing the Township as
an additional insured.
To the extent now or hereafter permitted by the statutes or laws of
the State of New Jersey, this ordinance shall inure to the benefit of, and
be binding upon, any city, village or other municipal corporation to which
the franchise area presently within the Township of Andover may hereafter
be attached or annexed, or into which it may be incorporated.
Within 30 days after receiving notice of the approval of this ordinance,
the terms of this ordinance shall be accepted by the Water Company by filing
with the Township Clerk, a written acceptance thereof.
To the extent that any part or parts of this ordinance are repealed
or otherwise modified or voided by state statute or case law, the remaining
sections of this ordinance shall remain in full force and effect.
This ordinance shall take effect upon final passage, approval and publication
as required by law.
