[HISTORY: Adopted by the Township Council of the Township of East Brunswick 5-9-66 as Ord. No. 66-50. Amendments noted where applicable.]
The Mayor and Council of the Township of East Brunswick, Middlesex County, New Jersey, hereby consent to the filing of the certificate of incorporation of the Industrial Water Supply Company in the offices of the Secretary of State of New Jersey and in such other public offices as may be required by law and consent to the construction, operation and maintenance of pipes, mains and conduits for supplying nonpotable water for industrial and commercial uses and consumption in, through and along certain streets, avenues, highways, roads and public places in the Township of East Brunswick, subject to the following.
[Amended 9-27-10 by Ord. No. 10-22]
The Industrial Water Supply Company, its successors and assigns, is hereby granted consent, permission and franchise to lay, construct, operate and maintain pipes, mains, conduits, pumping facilities, wells, storage tanks and other requisites for supplying nonpotable water for industrial and commercial use and consumption in, through and along any and every part of the following of East Brunswick Township:
"Beginning at a point in the southerly boundary line of the Township of East Brunswick (said line also being the northerly boundary line of the Borough of South River), said beginning point being one thousand two hundred (1,200) feet, more or less, easterly of the easterly line of the Old Bridge-New Brunswick Turnpike; thence
Northerly, along the center line of East Brunswick Township Sewer Utility Trunk Line, one thousand seventy (1,070) feet, more or less, to the southerly line of Serviss Acres Sec. 2-C and the northerly line of lands formerly of the Raritan River Railroad Company; thence
[Amended 9-27-10 by Ord. No. 10-22]
Easterly, along said line of Serviss Acres Sec. 2-C, four hundred (400) feet, more or less, to the westerly line of the present industrial area (being also the most westerly corner of Lot 33-K in Block 17 as shown on the Tax Map of East Brunswick Township; thence
Northeasterly, along the northwesterly line of present industrial tract, one thousand two hundred fifty (1,250) feet, more or less, to the intersection of the southerly line of Manton Avenue with the easterly line of Ellison Avenue; thence
Northerly, along the easterly line of Ellison Avenue, two thousand five hundred (2,500) feet, more or less, to a point four hundred fifty (450) feet northerly of the southerly line of Milton Avenue (said point also being the intersection of the westerly line of Ellison Avenue, with the northerly line of the present industrial area; thence
Easterly, along said northerly line of the present industrial area, four hundred eighty (480) feet, more or less, to the easterly line of Weston Place; thence
Northerly, along the easterly line and prolongation of the easterly line of Weston Place and across Schoolhouse Lane, one thousand eighty (1,080)feet, more or less, to the Lawrence Brook; thence
Easterly, along the Lawrence Brook to the Raritan River; thence
Easterly and southerly along the Raritan River to the South River; thence
Southerly, along the South River to the dividing line between the Borough of South River and the Township of East Brunswick; thence
Northwesterly and westerly, along said boundary line, four thousand two hundred (4,200) feet, more or less, to the point of beginning.
The permission, privileges and franchise in this ordinance granted shall continue for a period of fifty (50) years from the date of the final passage hereof. During said period, Industrial Water Supply Company, its successors and assigns, shall have power to lay, maintain and operate conductors for conducting nonpotable water through the streets, avenues, highways and public places aforesaid, and other areas beneath the surface thereof, for the purpose of selling and furnishing such quantities of nonpotable water as may be required in said area for industrial and commercial purposes, under the regulations and restrictions in this ordinance prescribed.
The said water company shall also have the privilege of doing all the necessary work incident to laying and constructing pumping facilities, wells, storage tanks, pipes, mains, water systems and works and the privilege of keeping the mains in repair and make the necessary excavations for so doing, provided that all the facilities which comprise the water system and works are constructed, installed, maintained and repaired in accordance with regulations or specifications now or hereafter adopted by the township.
Whenever said water company installs or lays mains or pipes, connections, conductors, conduits and water systems upon public roads, parks, parkways, highways and other public places, it shall restore said public roads and public places in accordance with the then existing township ordinance pertaining to street openings.
Absolutely no cross-connections shall be made between the potable water supply of the township and the nonpotable water supply of the Industrial Water Supply Company except upon the written consent of the State Department of Health.
It is recognized by the passage of this ordinance that the Mayor and Council of the Township of East Brunswick do not accept any places which have not been accepted or maintained by the township as accepted streets, avenues, parks, parkways, alleys, roads, highways or other public places and that said municipality by the passage of this ordinance does not assume any liability or responsibility for the maintenance, care, construction or repair of the same and with regard to said streets, avenues, parks, parkways, alleys, roads, highways or other public places, the consent and permission aforesaid is limited to the rights and jurisdiction of the public in said places.
The company shall not sell or transmit any water beyond the area set forth in § A241-2 or beyond the boundaries of the township without further permission and authority from the governing body. The rates charged by the said company shall be filed with the Township Clerk and shall be those approved by the Public Utility Commission of the State of New Jersey when, as and if required by law.
The company shall install all water mains, pipes and conduits in that portion of the public right-of-way assigned to it by the Township Department of Public Works and shall file with the Township Clerk a map or plan showing the location of all water mains, pipes, conduits, cisterns, reservoirs, culverts, filter beds and other devices used in the distribution of water contemplated herein, showing the sizes of the pipes and mains and dimensions of all the installations.
Said water company shall notify all customers of any stoppage of service for any period of time that it will not furnish water due to repairs, adjustments, leakage or other foreseeable contingencies.
The top of said water pipes and mains and fittings and water supply system shall be at least three (3) feet below the surface of all streets, avenues, parks, parkways, highways and public places in the said Township of East Brunswick (according to the grade which is now or may hereafter be established). The work of laying, maintaining and repairing said pipes, mains, supply lines, connections and conduits and the restoring in good condition of the roadways and road surfaces shall be carried on with as little interference as possible with public travel and the ordinary use of said streets, avenues, parks, parkways, highways and public places. The design and installation of all aboveground facilities for the use and purpose intended by this ordinance shall be approved by the Township Engineer before the start of construction.
Said Industrial Water Supply Company shall commence to lay its pipes and mains within the area described in § A241-2, of this ordinance within one (1) year after the completion of the work necessary to utilize the proposed sources of water supply and approval thereof by the Department of Conservation and Economic Development, Division of Water Policy and Supply, and the approval of such other governmental agencies as may be required for the utilization of said sources of water supply, and after plans and needs are established for the initial plant to be located in the franchised area following the adoption of this ordinance. Said Industrial Water Supply Company will progressively lay its pipes and mains as requirements of the area described in § A241-2 of this ordinance may demand.
[Amended 7-11-66 by Ord. No. 66-50-A]
The Industrial Water Supply Company shall supply nonpotable water to all industrial and commercial consumers in the designated area who require a minimum average of one hundred thousand (100,000) gallons of nonpotable water per day, determined on a yearly basis. The company shall not be required to supply smaller industrial and commercial consumers which do not require the minimum referred to above. Notwithstanding anything to the contrary herein contained, the company shall not serve any existing industrial or commercial user without the prior written consent of the municipality, and the municipality reserves the right to sell potable water to all consumers throughout the designated area. The obligation on the part of the Industrial Water Supply Company to supply water under the terms of this ordinance shall at all times be subject to the diversion rights granted by the Division of Water Policy and Supply Council and to the conditions, rules and regulations of that agency.
Should said Industrial Water Supply Company, its successors and assigns, fail or refuse to carry out the conditions, terms and provisions of this ordinance and should such failure or refusal (except when the conditions, terms and provisions of this ordinance cannot be carried out by an act of God or the public enemy) continue for the space of ninety (90) days after notice thereof to the company, then and in that event all of the rights, powers and privileges and franchises hereby granted to said Industrial Water Supply Company, its successors and assigns, shall, at the option of the Mayor and Council of the Township of East Brunswick, cease and forthwith become forfeited and void, said option being subject, however, at all times, to the jurisdiction of the Public Utilities Commission, the Division of Water Policy and Supply and such other governmental agencies as may have jurisdiction over the water supply and distribution contemplated herein.
Said company shall pay the expenses incurred by this township for advertising, if any, done in connection with the adoption of this ordinance within thirty (30) days after the date of its going into effect.
Said company shall file with the Township Clerk of this township is written acceptance of this franchise within thirty (30) days after the receipt by it from the Township Clerk of notice of approval thereof, and said ordinance shall, upon the filing of such acceptance, become effective.