[HISTORY: Adopted by the Township Committee of the Township
of Delaware 11-12-2013 by Ord.
No. 2013-14. Amendments noted where applicable.]
The Township Committee of Delaware Township hereby renews the
municipal consent required under the provisions of N.J.S.A. 40A:31-23(c),
48:19-17 and 48:19-20, as amended, unto the Rosemont Water Company
and its successors and assigns, free from all charges, which consent
may then be exercised without further action of the Township Committee,
as may be required in order to permit Rosemont Water Company to:
A.Â
Add to and extend its water works and facilities to and within the
Township and to take such lands and divert such streams of water consistent
with law to such extent as may be necessary to carry out the corporate
purposes of the Rosemont Water Company, limited to the geographical
area within the Township as more particularly described in Schedule
A attached hereto, a copy of which is also on file with the Township
Clerk.[1]
[1]
Editor's Note: Schedule A is included as an attachment to
this appendix.
B.Â
Lay its pipes beneath such public roads, streets, and places as it
may deem necessary for its corporate purposes and to construct and
maintain hydrants on and along such roads, streets and places, provided
that the pipes shall be laid at least three feet below the surface
and shall not in any way unnecessarily obstruct or interfere with
the public travel or damage public property.
Any extension of water mains beyond that set forth in Schedule
A, may be made only after authorization therefor has been granted
by the Township Committee by ordinance.
The consent and permission given and granted by this ordinance
shall continue in full force and effect for a period of 50 years from
the date of the final passage of this ordinance.
A copy of this ordinance, certified to be true, shall be sent
to the Rosemont Water Company by the Township Clerk following its
final passage.
This ordinance, upon final passage, and the consent contained herein, shall be subject to Rosemont Water Company otherwise complying with the applicable Township ordinances, including but not limited to Chapter 319, Streets and Sidewalks, Article II, Excavations, of the Code of the Township of Delaware, State of New Jersey Statutes, any New Jersey Administrative Agency Rules and regulations which apply to it, and applicable federal statutes and rules.
At its expense, the Rosemont Water Company shall relocate any
of its pipes, facilities and/or equipment should the Township, in
the reasonable exercise of its discretion, determine that the relocation
is: (a) necessary for construction, completion, repair, relocation
of a Township project; (b) necessary because the pipes, facilities
and/or equipment are interfering with or adversely affecting proper
operation of Township property; and/or (c) otherwise necessary for
the protection of public health and safety. If Rosemont Water Company
should fail to relocate its pipes, facilities and/or equipment as
requested by the Township within a reasonable time under the circumstances
attendant to the Township's request, the Township shall be permitted
to effect the relocation, and any costs associated therewith, including
attorney's fees and costs of collection, shall be borne by Rosemont
Water Company.
The Rosemont Water Company agrees to indemnify, defend, protect,
and hold harmless the Township, its officials, officers, and employees
from and against any and all claims, demands, losses, damages, liabilities,
fines, charges, penalties, administrative and judicial proceedings
and orders, judgments, and all costs and expenses incurred in connection
therewith, including reasonable attorney's fees and costs of
defense (collectively, the "losses") directly or proximately resulting
from its activities undertaken pursuant to this ordinance. Whenever
the Rosemont Water Company undertakes activities pursuant to this
ordinance, and such activities cause the public ways to be damaged,
the Rosemont Water Company, at its sole cost and expense, shall promptly
repair and return the public ways to a safe and satisfactory condition
in accordance with applicable laws, normal wear and tear excepted.
If the Rosemont Water Company does not repair the site as just described,
then the Township shall have the option, upon 15 days' prior
written notice to the company, to perform or cause to be performed
such reasonable and necessary work on behalf of the company and to
charge the company for the proposed costs to be incurred or the actual
costs incurred by the Township. Upon the receipt of a demand for payment
by the Township, the company shall promptly reimburse the Township
for such costs.
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
To the extent that any 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 provided by law.
