[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:
A.Â
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.
B.Â
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.
C.Â
The Springfield Township Fire Marshal and fire companies
have recommended that the Township Council grant such a limited water
franchise for public safety reasons.
D.Â
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.
[Amended 7-8-2015 by Ord.
No. 2015-04]
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. In addition,
said consent, award and grant shall include the connection of fire
safety sprinkler systems with regard to the retrofitting of existing
structures or reconstruction of structures damaged or destroyed by
casualty where the Township Council approves such a system as in the
interests of public safety.
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.
