[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 3-30-2009 by Ord. No. 103-09. Amendments noted where
applicable.]
Pursuant to N.J.S.A. 48:3-11 et seq., the Borough of Bloomsbury,
County of Hunterdon and State of New Jersey, herein referred to as
"grantor," hereby grants to Aqua New Jersey, Inc., a public utility
corporation of the State of New Jersey, herein referred to as "grantee,"
a municipal consent of the scope and description as follows: the grantee
shall have the right and authority, during the term of the municipal
consent granted by this ordinance, to operate, construct, maintain
and manage a waterworks, treatment and distribution system within
the limits of the Borough of Bloomsbury to service the area more particularly
described on the attached map (the "franchise area") incorporated
herein by reference and on file with the Borough Clerk [subject to
the grantee obtaining the necessary permits and approvals of the New
Jersey Department of Environmental of Protection (NJDEP) and the New
Jersey Board of Public Utilities (BPU)]. For such purpose, the grantee
has the right to purchase, erect or construct, equip and maintain
such facilities as are reasonably necessary for furnishing potable
water. The municipal consent granted in this ordinance includes the
right to collect charges for services in accordance with state laws
and regulations and in compliance with tariffs as approved by the
BPU, from time to time, and to make such excavations and openings
in public streets as are reasonably necessary for the above purposes,
in accordance with such local ordinances and state statutes and regulations
made and provided.[1]
The municipal consent granted by this ordinance shall be perpetual,
subject only to such limitations as are now or may hereafter be provided
by law.
A.Â
Service. The grantee shall at all times during the term of this municipal
consent furnish potable water and related services to all persons
and organizations, public and private, without discrimination and
at rates approved by the BPU, located within the franchise area. The
grantee shall make every reasonable effort, under the rules and regulations
of the NJDEP and BPU, to furnish an ample, uninterrupted supply of
potable water to all customers throughout the franchise area and all
enlargements and extensions thereof.
B.Â
Construction and maintenance of facilities.
(1)Â
Subject to the provisions hereof, the grantee shall have the privilege
to construct, operate and manage the waterworks and distribution system,
including the laying of connecting pipes and mains beneath such streets,
avenues, parks, parkways, highways and other public places now or
hereafter constructed, within the franchise area 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 not unnecessarily obstruct or interfere with
the public travel, and provided that such private and public lands
or facilities shall be restored to their preexisting condition or
better.
(2)Â
The grantee, in the construction, installation, maintenance and operation
of the water 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 the water system.
C.Â
Indemnity. The grantee shall indemnify and hold harmless the Borough
of Bloomsbury from and against any and all claims arising out of or
in connection with the operation, maintenance or construction of the
water system and distribution system by the grantee.
A.Â
Regulation. The grantor reserves the right to enforce regulations
concerning the construction of new facilities or the maintenance and
operation of existing facilities whenever necessary to preserve the
public health, safety and welfare of the community and its inhabitants.
B.Â
Expansion of grantee's water supply system. All water services
provided by the grantee shall be limited and restricted to the franchise
area, and no water service shall be provided by the grantee to any
lands outside of the franchise area, unless the Bloomsbury Borough
Council shall have first adopted an amendatory ordinance to this ordinance
authorizing that such service may be provided.
C.Â
Limitation of the ordinance. No privilege or exemption is granted
or conferred by this ordinance except those specifically described
herein.
Consideration for the privileges and provisions granted in this
ordinance shall be the public service provided to the citizens of
this community by the grantee. 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, town,
or other municipal corporation to which the franchise area of the
Borough of Bloomsbury may hereafter be attached or annexed or into
which it may be incorporated.
The provisions and privileges of this ordinance may be forfeited,
at the option of the grantor, upon failure or refusal by the grantee
to observe the terms and conditions set forth herein. Forfeiture may
be exercised by written notice to the grantee of failure to observe
the terms and conditions hereof, followed by the grantee's unreasonable
refusal to eliminate or correct such failure or violations within
90 days.
If the provisions of any section, subsection, paragraph, subdivision
or clause of this ordinance shall be adjudged invalid by a court of
competent jurisdiction, such judgment shall not effect or invalidate
the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance or any other ordinance which is referred
to herein by reference. To this end the provisions of the section,
subsection, paragraph, subdivision or clause of this ordinance are
hereby declared to be severable. Should a court of competent jurisdiction
adjudge any clause, sentence or other part of this ordinance invalid,
such judgment shall not affect, impair or invalidate the remainder
of this ordinance.
A.Â
This ordinance shall not become operative or effective until it has
been agreed to by Aqua New Jersey, Inc., by a written acceptance,
executed by the proper officials of said corporation, together with
its proper corporate resolution to accept and conform to all provisions
of this ordinance or in subsequent ordinances adopted by the Mayor
and Council of the Borough of Bloomsbury or subsequent regulations
which may be required by the Borough of Bloomsbury regarding the management
or control of said streets, and upon approval by the New Jersey Board
of Public Utilities, which said acceptance follows this ordinance
and is made a part hereof.[1]
[1]
Editor's Note: The acceptance is on file with the Borough.
B.Â
This ordinance shall take effect upon its passage and publication
according to law.
C.Â
The Mayor and Clerk of the Borough of Bloomsbury are hereby authorized
to execute on behalf of the Borough all documents required to acknowledge
said consent.
D.Â
Repealer. All ordinances or parts of ordinances which are inconsistent
with this ordinance shall be repealed as to their inconsistencies
only.
