[HISTORY: Adopted by the Township Committee of the Township of Andover 10-13-2004 by Ord. No. 2004-15. Amendments noted where applicable.]
Municipal consent is hereby granted to Applied Wastewater Management, Inc. (hereinafter, "AWM"), for the operation and maintenance of a public utility to provide a sewerage collection, treatment and disposal service and potable water production, storage and distribution services to those lands encompassed within an area more completely defined in § A237-2 of this ordinance. This consent shall entitle AWM to own, operate and maintain a sewerage collection, treatment and disposal system, including but not limited to facilities such as collection mains, treatment plants, driveways, recharge fields, water reuse facilities and other appurtenances and equipment in order to provide sewer service to the franchise area; and a potable water production, storage and distribution system, including but not limited to wells, pumps, treatment facilities, pipes, valves, distribution mains, water storage tanks and other appurtenances and equipment in order to provide potable water service to the franchise area; and subject to such additional approvals, endorsements or consents as the law may require.
The franchise for the consent granted in § A237-1 of this ordinance consists of the lands known and designated as:
The foregoing designated blocks and lots are further graphically represented as areas "→", "°" "±", “"” and "≥" on the attached Schedule A. In addition to, and not in limitation of, the provisions of § A237-4 of this ordinance, AWM shall have the right to lay, maintain and operate such mains, pipes, pumps, valves and other appurtenances as are needed to provide service to Block 73, Lot 4.02, which is not contiguous to the other lands within the service area described herein.
Editor's Note: Schedule A is on file in the Township offices.
The consent granted pursuant to § A237-1 shall be for a period of 50 years from the final adoption of this ordinance. The Mayor and Clerk of the Township of Andover are hereby authorized to execute on behalf of the Township all documents required to acknowledge said consent. Hereafter, the Township of Andover is referred to as "the Township."
Municipal consent and authority is also hereby granted to AWM to lay their mains (pipes), valves, pumps, manholes and other equipment beneath such public roads, streets, private roads or streets and places as may be deemed necessary for their corporate purpose, free from all charge to be made by any person or body politic whatsoever for such privilege, provided that the mains (pipes) shall be laid below the surface in accordance with plans approved by the Township and shall not unnecessarily obstruct or interfere with the public travel or damaged public or private property. All such property shall be restored in a workmanlike manner to the condition said property was in prior to the installation of said pipes. Except in the event of an emergency, the consent of the public or private body charged with repair and maintenance of such roads, streets and places shall be first obtained in writing, and such fees as are generally charged by the Township for any such permits are paid. AWM shall be required to restore such public roads, streets or private roads or streets and the places to the conditions they were in prior to the installation of mains, valves, pumps and other equipment by AWM.
AWM, in the construction, installation, maintenance and operation of both its sewerage treatment and collection system, and its potable water production, storage and distribution 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 any aspect of the sewerage collection and treatment system. Upon expiration of the franchise term granted herein, should the franchise consent not be renewed or extended for any reason, AWM shall continue to provide service at its then current rates until such time, if any, as all required regulatory approvals for termination of service are received.
AWM shall maintain general liability insurance (or a combination of general liability and excess liability insurance) in effect with coverage of no less than $5,000,000 and provide certificates in standard format to the Township showing such coverage at least annually. The Township shall be named as an additional insured on the certificate(s), which shall also provide for no less than 20 days' notice of cancellation to the Township.
Further, AWM shall indemnify and hold harmless the Township from and against any and all claims, losses or damages of any type arising out of the construction, installation, maintenance and operation of the sewerage collection and treatment system or the potable water or any of its component parts.
All provisions of this ordinance, which are obligatory upon or shall inure to the benefit of AWM shall also be obligatory upon and shall inure to the benefit of all successors and assigns of AWM.
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 Township of Andover may hereafter be attached or annexed, or into which it may be incorporated.
To the extent that any part or parts of this ordinance are repealed or otherwise modified or voided by state statute, case law or regulatory action, the remaining sections of this ordinance shall remain in full force and effect.
This ordinance shall take effect upon final passage and approval and publication as required by law.