[HISTORY: Adopted by the Township Council of the Township of Springfield 8-9-2000 by Ord. No. 2000-6. Amendments noted where applicable.]
The Township Council hereby makes the following declarations:
The Mount Holly Water Company, a public utility corporation of the State of New Jersey, subject to the New Jersey Board of Public Utilities is installing water lines through the Township of Springfield in and along New Jersey Route 206.
The Mount Holly Water Company has offered to provide water service to the Township of Springfield on a limited basis relating to fire hydrants and public safety.
The Springfield Township Fire Marshal and fire companies have recommended that the Township Council grant such a limited water franchise for public safety reasons.
The Township Council has reviewed the aforementioned proposal and believes that it would be in the best interest of the Township to enter into an agreement with the Mount Holly Water Company to grant a limited franchise to the Mount Holly Water Company for the purpose of providing fire hydrant services only in order to protect the health, safety and welfare of the residents of the Township of Springfield, but only to be limited to fire-fighting and safety purposes.
The Township Council hereby awards, grants and consents to a franchise to the Mount Holly Water Company, its successors and assigns, to construct, lay, maintain and operate the necessary mains, pipes and appurtenances for the rendering of public fire hydrant water service along the west side of New Jersey Route 206 and beneath Monmouth Road and to construct and maintain hydrants on and along such roads. Said consent, award and grant is limited only to providing 11 fire hydrant services in accordance with a plan prepared by Bruce Flynn, dated March 10, 2000, and on file in the office of the Township Clerk and available for public inspection during regular business hours. The installation of same will be without cost or expense to the Township. The Township shall pay an annual rate in accordance with the rate by the New Jersey Board of Public Utilities.
Whenever an opening or excavation is made for the purposes aforesaid, the Mount Holly Water Company, at its own cost and expense, shall restore all such public places to a condition at least as good as existed prior to the commencement of such opening or excavation and shall comply with all ordinances of the Township of Springfield regarding road openings.
The Mount Holly Water Company shall seek approval of the New Jersey Board of Public Utilities or its successors for the approval of this franchise consent, and this ordinance shall be effective upon such approval.
All services and activities undertaken by the Mount Holly Water Company hereunder shall be in accordance with the applicable statutes of the State of New Jersey and regulations, rules and orders of the agencies of the State of New Jersey, including the aforesaid Board of Public Utilities or its successors, and any tariffs of the Mount Holly Water Company that may be approved by said Board of Public Utilities.
This ordinance shall take effect upon final passage and publication according to law.
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision and the remainder of this ordinance shall be deemed valid and effective.